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THE 


Mississippi  Territorial  Archives 


1798^1803 


EXECUTIVE  JOURNALS  OF  GOVERNOR  WINTHROP  SARGENT 
AND  GOVERNOR  WILLIAM  CHARLES  COLE  CLAIBORNE 


COMPILED   AND    EDITED    BY 

DUNBAR     ROWIvAND 

Director,  Mississippi  Department  of  Archives  and  Hiutory 


THE 


.  Bl  r  i 


VOL.  I 


NASHVILLE,  THNN.: 

PRESS  OF  BRANDON  PRINTING  COMPANY, 

1905. 


V 


ffeese 


PART  I. 

Executive  Journal   of   Winthrop  Sargent,   First 

Governor  of  Mississippi  Territory,  May 

21,  1798  to  April  3,  1801. 


i  52333 


LIST  OF  LETTERS 


Letters  Written  by  Governor  Sargent:  page 

To  Adams,  President  John,  dated  Mississippi  Territory,  Jan.  8,  1799.  97 
To  Adams,  President  John  (private),  dated  Mississippi  Territory, 

Jan.  8,  1799 97 

To  Agents  of  the  United  States,  Natchez,  Feb.  28,  1800 209 

To  Blank  (private),  Natchez,  Mar.  29,  1799 125 

To  Binghaman,  Adam,  The  Grove,  Dec.  20,  1798 92 

To  Bruin,  Judge  P.  B.,  Concord  House,  Sept.  5,  1798 35 

To  Bruin,  Judge  P.  B.,  Natchez,  Jan.  3,  1799 95 

To  Bruin,  Judge  P.  B.,  The  Grove,  Jan.  7,  1799... 96 

To  Bruin,  Judge  P.  B.,  The  Grove,  Apr.  8,  1800 219 

To  Butler,  Colonel  Thos.,  Mississippi  Territory,  Jan.  15,  1799 102 

To  Clark,  Colonel  Daniel,  Bellemont,  June  23,  1799 153 

To  Clark,  Colonel  Daniel,  Mississippi  Territory,  July  18,  1799 154 

To  Clark,  Colonel  Daniel,  Mississippi  Territory,  Nov.  8,  1799 189 

To  Clark,  Colonel  Daniel,  The  Grove,  Mar.  23,  1800.- 216 

To  Clark,  Colonel  Daniel,  The  Grove,  Mar.  27,  1800 217 

To  Clark,  Colonel  Daniel,  The  Grove,  June  7,  1800 255 

To  Clark,  Colonel  Daniel,  Bellemont,  July  6,  1800 257 

To  Commandants  of  Adams  and  Pickering  Counties,  Jan.  1,  1800 203 

To  Cushing,  Major  Thos.  H.,  Bellemont,  July  21,  1799.. 158 

To  De  Lemos,  Gov.  M.  G.,  Natchez,  Sept.  18,  1798. 50 

To  De  Lemos,  Gov.  M.  G.,  Natchez,  Sept.  28,  1798... 51 

To  De  Lemos,  Gov.  M.  G.,  Natchez,  Mar.  14,  1799 113 

To  De  Lemos,  Gov.  M.  G.,  Natchez,  Apr.  15,  1799 137 

To  De  Lemos,  Gov.  M.  G.,  Natchez,  June  13,  1799 153 

To  Dexter,  Samuel,  Mississippi  Territory,  May  14,  1800 233 

To  Dexter,  Samuel,  Mississippi  Territory,  June  1,  1800 237 

To  Dexter,  Samuel,  Mississippi  Territory,  Aug.  10,  1800 266 

To  Dexter,  Samuel,  Mississippi  Territory,  Oct.  1,  1800 288 

To  Dunbar,  Wm,  Natchez,  Nov.  7,  1798 78 

To  Dunbar,  Wm.,  Bellemont,  Oct.  20,  1800 298 

To  Ellicott,  Andrew,  Natchez,  Sept.  10,  1798 45 

To  Ellicott,  Andrew,  Natchez,  Sept.  18,  1798. 49 

To  Ellicott,  Andrew,  Natchez,  Oct.  24,  1798 73 

To  Evans,  Lewis,  Bellemont,  Sept.  19,  1799. 169 

To  Evans,  Lewis,  Bellemont,  Aug.  2,  1800 264 

To  Evans,  Lewis,  Bellemont,  Aug.  12,  1800 268 

To  Ferguson,  Wm    The  Grove,  Feb.  23,  1799 136 

To  Ferguson,  Wm.,  The  Grove,  May  20,  1799 146 

To  Filhiue,  M.,  Natchez,  Dec.  1,  1798 84 

To  Franchammassatubba,  Natchez,  Nov.  25,  1799 194 

To  Girault,  John,  Mississippi  Territory,  Oct.  23,  1799 181 

To  Girault,  John,  Natchez,  Apr.  17,  1800 224 

To  Girault,  John,  The  Grove,  Apr.  27,  1800 229 

To  Girault,  John,  The  Grove,  Jan.  12,  1801 326 

To  Green,  Thomas,  Mississippi  Territory,  July  20,  1799 157 

To  Grubb,  Dr.  B.,  Mississippi  Territory,  Sept.  20,  1799 175 

To  Grubb,  Dr.  B.,  Mississippi  Territory,  Mar.  1,  1800 213 

To  Guion,  Captain  Isaac,  Concord  House,  Aug.  18,  1798— 29 

To  Harding,  Lyman,  The  Grove,  Apr.  9,  1800 220 

To  Harding,  Lyman,  Postscript  to,  Apr.  11,  1800... 221 

To  Harding,  Lyman,  Natchez,  Nov.  18   1800 312 


LIST    OF    LETTERS 


Letters  Written  by  Governor  Sargent — Continued: 


To  Hawkins,  Colonel  Benj.,  Mississippi  Territory,  Feb.  1,  1799 107 

To  Heth,  Captain  John,  The  Grove,  Feb.  23,  1799 136 

To  Hunter,  Henry,  The  Grove,  Oct.  10,  1800 294 

To  Hunter,  Henry,  The  Grove,  Nov.  12,  1800 301 

To  Tones,  Evan,  The  Grove,  Nov.  7,  1799 . .  187 

To  Jones,  Evan,  Mississippi  Territory,  Aug.  1,  1799 161 

To  Jones,  Evan,  Natchez,  Dec.  14,  1799 197 

To  Justices  of  Courts  of  G.  Q.  S.,  Natchez,  June  3,  1799 151 

To  Justices  of  Adams  and  Pickering  Counties,  Mississippi  Territory, 

July23,  1799 159 

To  Justices  Court  of  G.  Q.  S.,  Pickering  County,  Natchez,  Jan.  2,  1800.  203 

To  King,  Mr.,  Natchez,  Apr.  17,  1800 223 

To  Lewis,  Major,  Mississippi  Territory,  Sept.  20,  1799 176 

To  Lewis  and  Bruin,  Judges,  Bellemont,  Oct.  4,  1800 293 

To  Madison,  James,  Mississippi  Territory,  Mar.  16,  1801 329 

To  Madison,  James,  Mississippi  Territory,  Mar.  21,  1801 330 

To  Madison,  James,  Mississippi  Territory,  Apr.  3,  1801 333 

To  Marshall,  John,  Mississippi  Territory,  June  1,  1800 236 

To  Marshall,  John,  Mississippi  Territory,  June  15,  1800 243 

To  Marshall,  John,  Mississippi  Territory,  July  23,  1800 262 

To  Marshall,  John,  Mississippi  Territory,  Aug.  10,  1800 265 

To  Marshall,  John,  Mississippi  Territory,  Aug.  25,  1800 268 

To  Marshall,  John,  Mississippi  Territory,  Sept.  5,  1800 282 

To  Marshall,  John,  Mississippi  Territory,  Oct.  13,  1800 295 

To  Marshall,  John,  Mississippi  Territory,  Oct.  21,  1800... 300 

To  Marshall,  John,  Mississippi  Territory,  Nov.  12,  1800 303 

Schedule  alluded  to  in  foregoing. 310 

To  Marshall,  John,  Mississippi  Territory,  Nov.  20,  1800 314 

To  Marshall,  John,  Mississippi  Territory,  Dec.  20,  1800 322 

To  Marshall,  John,  Mississippi  Territory,  Dec.  26,  1800 322 

To  Marshall,  John,  Mississippi  Territory,  Jan.  26,  1801 327 

To  Matthews,  General  Geo.,  Mississippi  Territory,  Oct.  13,  1798 61 

To  Mitchell,  James,  Natchez,  Nov.  14,  1798 81 

To  Mitchell,  James,  Natchez,  Dec.  10,  1798 87 

To  Mitchell,  Samuel,  Natchez,  Sept.  3,  1798 33 

To  Militia,  Officers  of,  Mississippi  Territory,  Sept.  8,  1798 41 

To  Minor,  John,  Grove,  Apr.  27,  1800 228 

To  Minor,  John,  Grove,  Apr.  3,  1800 218 

To  McHenry,  James,  Natchez,  Aug.  3,  1799 163 

To  McHenry,  James,  Natchez,  Aug.  18,  1799 167 

To  McKee,  John,  The  Grove,  Nov.  9,  1799 191 

To  McKee,  John,  Natchez,  Nov.  25,  1799 193 

To  McKee,  John,  Bellemont,  July  9,  1800 260 

To  McKee,  John,  Mississippi  Territory,  Sept.  1,  1800 281 

To  McKee,  John,  Mississippi  Territory,  Mar.  30,  1801 331 

To  McNary,  Judge,  Mississippi  Territory,  Mar.  2,  1799 109 

To  Officers  of  Cavalry,  Mississippi  Territory,  Oct.  14,  1798 61 

To  Osmun,  Benajah,  Mississippi  Territory,  Dec.  1,  1800 317 

To  Pickering,  Timothy,  Cincinnati,  May  21,  1798 14 

To  Pickering,  Timothy,  Cincinnati,  May  29,  1798 17 

To  Pickering,  Timothy,  Cincinnati,  May  29,  1798 18 

To  Pickering,  Timothy,  Cincinnati,  June  4,  1798 20 

To  Pickering,  Timothy,  Cincinnati,  June  16,  1798 21 

To  Pickering,  Timothy,  Concord  House,  Aug.  20,  1798 30 

To  Pickering,  Timothy,  Natchez,  Sept.  18,  1798 46 

To  Pickering,  Timothy,  Natchez,  Sept.  29,  1798 53 

To  Pickering,  Timothy,  Natchez,  Sept.  29,  1798 57 

To  Pickering,  Timothy,  Concord  House,  Oct.  17,  1798 64 


LIST    OF    LETTERS 


Letters  Written  by  Governor  Sargent — Continued:  page 

To  Pickering,  Timothy,  Mississippi  Territory,  Nov.  1,  1798 74 

To  Pickering,  Timothy,  Natchez,  Dec.  20,  1798. 89 

To  Pickering,  Timothy,  Mississippi  Territory,  Dec.  11,  1798 93 

To  Pickering,  Timothy,  Mississippi  Territory,  Jan.  8,  1799 98 

To  Pickering,  Timothy,  Mississippi  Territory,  Jan.  15,  1799 104 

To  Pickering,  Timothy,  Grove,  Jan.  17,  1799. 106 

To  Pickering,  Timothy,  Mississippi  Territory,  Mar.  13,  1799 110 

To  Pickering,  Timothy,  Natchez,  Mar.  13,  1799. 112 

To  Pickering,  Timothy,  Natchez,  Mar.  21,  1799 115 

To  Pickering,  Timothy,  Mississippi  Territory,  Apr.  20,  1799 139 

To  Pickering,  Timothy,  Mississippi  Territory,  May  26,  1799 148 

To  Pickering,  Timothy,  Mississippi  Territory,  July  17,  1799 155 

To  Pickering,  Timothy,  Natchez,  Aug.  3,  1799 162 

To  Pickering,  Timothy,  Natchez,  Aug.  17,  1799 165 

To  Pickering,  Timothy,  Mississippi  Territory,  Sept.  20,  1799. 171 

To  Pickering,  Timothy,  Mississippi  Territory,  Oct.  12,  1799 177 

To  Pickering,  Timothy,  Mississippi  Territory,  Oct.  13,  1799 178 

To  Pickering,  Timothy,  Mississippi  Territory,  Nov.  1,  1799 182 

To  Pickering,  Timothy,  Mississippi  Territory,  Nov.  8,  1799 189 

To  Pickering,  Timothy,  Mississippi  Territory,  Dec.  29,  1799 198 

To  Pickering,  Timothy,  Mississippi  Territory,  Feb.  10,  1800 206 

To  Pickering,  Timothy,  Natchez,  Mar.  1,  1800 210 

To  Pike,  Zebulon,  Mississippi  Territory,  Aug.  1 ,  1800 263 

To  Pike,  Zebulon,  Grove,  Dec.  1,  1800 319 

To  President  of  United  States  Senate,  Natchez,  Dec.  20,  1800 320 

To  Ross,  James,  Mississippi  Territory,  Oct.  17,  1798 65 

To  Ross,  James,  Mississippi  Territory,  Jan.  4,  1801 323 

To  Secretary  of  State,  Mississippi  Territory,  Nov.  20,  1800 313 

To  Sevier,  Governor  John,  Mississippi  Territory,  Jan.  15,  1799 103 

To  Slave-holders,  Grove,  Nov.  16,  1800 311 

To  Smith,  Captain,  and  his  Officers,  Grove,  Apr.  21,  1800 226 

To  Speaker  of  the  House  of  Representatives,  Bellemont,  Oct.  3,  1800.  290 
To  Speaker  of  the  National  House  of  Representatives,  Natchez,  Dec. 

20,  1800 319 

To  Steele,  John,  en  route  to  Mississippi  Territory,  July  2,  1798 25 

To  Steele,  John,  Natchez,  Mar.  22,  1799 117 

To  Steele,  John,  Mississippi  Territory, 123 

To  Steele,  John,  Grove,  Apr.,  1801 332 

To  Tilton,  Daniel,  The  Grove,  May  23,  1799 147 

To  Tilton,  Daniel,  The  Grove,  June  6,  1800 242 

To  Tilton  and  Bruin,  Judges,  Mississippi  Territory,  May  19,  1800 235 

Unfinished,  Bellemont,  Sept.  20,  1799 170 

To  Vidal,  Jose,  Mississippi  Territory,  Mar.  28,  1799 124 

To  Vidal,  Jose,  Bellemont,  Oct.  8,  1800 294 

To  Vousdan,  Wm.,  Mississippi  Territory,  Apr.  12,  1800 222 

To  Walker,  Peter,  and  Lewis  Evans,  Natchez,  Nov.  24,  1798 84 

To  Welch,  Mr.,  Natchez,  Nov.  14,  1798 81 

To  West,  Cato,  Natchez,  Nov.  23,  1798 83 

To  West,  Cato,  Natchez,  Dec.  4,  1798 85 

To  West,  Cato,  Adams  County,  Nov.  29,  1800 316 

To  Wilkinson,  General  James,  Natchez,  Sept.  30,  1798 58 

To  Wilkinson,  General  James,  Concord  House,  Oct.  6,  1798 60 

To  Wilkinson,  General  James,  Concord  House,  Oct.  16,  1798 62 

To  Wilkinson,  General  James,  Mississippi  Territory,  Oct.  20,  1798 72 

To  Wilkinson,  General  James,  The  Grove,  Nov.  2,  1798 76 

To  Wilkinson,  General  James,  The  Grove,  Nov.  19,  1798 79 

To  Wilkinson,  General  James,  Natchez,  Nov.  14,  1798 82 

To  Wilkinson,  General  James,  The  Grove,  Jan.  8,  1799 100 


IV  LtST    OF    LETTERS 

Letters  Written  by  Governor  Sargent — Continued:  page 

To  Wilkinson,  General  Tames,  The  Grove,  Mar.  17,  1799 114 

To  Wilkinson,  General  James,  Natchez,  Mar.  22,  1799 118 

To  Wilkinson,  General  James,  Natchez,  Mar.  22,  1799 118 

To  Wilkinson,  General  James,  Natchez,  Mar.  25,  1799— 121 

To  Wilkinson,  General  James,  The  Grove,  Apr.  3,  1799 128 

To  Wilkinson,  General  James,  Natchez,  Apr.  3,  1799 130 

To  Wilkinson,  General  James,  Natchez,  Apr.  17,  1799 138 

To  Wilkinson,  General  James,  The  Grove,  Feb.  27,  1800 209 

To  Wilkinson,  General  James,  The  Grove,  Mar.  10,  1800 214 

To  Wilkinson,  General  James,  Mississippi  Territory,  Mar.  17,  1800...  215 

To  Wilkinson,  General  James,  The  Grove,  Apr.  8,  1800 220 

To  Wilkinson,  General  James,  Mississippi  Territory,  Apr.  10,  1800- ..  222 

To  Wilkinson,  General  James,  The  Grove,  Apr.  19,  1800 225 

To  Wolcott,  Oliver,  Jr.,  Natchez,  Sept.  17,  1799 168 

To  Wolcott,  Oliver,  Jr.,  Natchez,  Jan.  10,  1800 ----  204 

Letter  to  Governor  Sargent  from  Speaker  of  the  House 291 


Letters  Written  By  Governor  Claiborne:  page 

To  Berry,  David,  Washington,  Mississippi  Territory,  Oct.  13,  1802  ..  527 

To  Berry,  David,  Washington,  Mississippi  Territory,  Oct.  13,  1802  ..  528 

To  Brooks,  Samuel,  Mississippi  Territory 495 

To  Burnett,  Daniel,  Washington,  Mississippi  Territory,  Apr.  27,  1802     422 

To  Burnett,  Daniel,  near  Natchez,  Oct.  3,  1802 518 

To  Caller,  John,  near  Natchez,  Sept.  9,  1802 . 495 

To  Callier,    Majors    Isaac,    and    Nathaniel  Christmas,  Washington, 

Mississippi  Territory,  May  11,  1802 437 

To  Christmas,  Nathaniel,  near  Natchez,  Sept.  9,  1802 496 

Circular  to  Sheriffs,  Washington,  June  30,  1802. 461 

To  Comptroller  of  Treasury,  Natchez,  July  1,  1802 470 

To  De  Salcedo,  Governor,  near  Natchez,  Mar.  29,  1802 396 

To  De  Salcedo,  Governor,  Natchez,  Oct.  28,  1802 533 

To  Dearborn,  Henry,  Natchez,  Apr.  19,  1802 419 

To  Dearborn,  Henry,  near  Natchez,  Apr.  8,  1802 _.  404 

To  Dearborn,  Henry,  near  Natchez,  May  10,  1802 435 

To  Dearborn,  Henry,  near  Natchez,  May  14,  1802 439 

To  Dearborn,  Henry,  Washington,  May  24,  1802 442 

To  Dearborn,  Henry,  Natchez,  June  10,  1802 452 

To  Dearborn,  Henry,  near  Natchez,  June  29,  1802 460 

To  Dearborn,  Henry,  near  Natchez,  June  30,  1802 462 

To  Dearborn,  Henry,  near  Natchez,  July  20,  1802.. 477 

To  Dearborn,  Henry,  near  Natchez,  Aug.  6,  1802 480 

To  Dearborn,  Henry,  near  Natchez,  Aug.  6,  1802 480 

To  Dearborn,  Henry,  near  Natchez,  Aug.  19,  1802 485 

To  Dearborn,  Henry,  near  Natchez,  Aug.  22,  1802 491 

To  Dearborn,  Henry,  near  Natchez,  Sept.  1,  1802 492 

To  Dearborn,  Henry,  Washington,  Mississippi  Territory,  Sept.  17,  1802  508 

To  Dearborn,  Henry,  near  Natchez,  Oct.  4,  1802 519 

To  Dearborn,  Henry,  near  Natchez,  Oct.  5,  1802 521 

To  Dearborn,  Henry,  near  Natchez,  Oct.  20,  1802 531 

To  Dearborn,  Henry,  near  Natchez,  Nov.  10,  1802 547 

To  Dearborn,  Henry,  near  Natchez,  Nov.  16,  1802 552 

To  Dearborn,  Henry,  Natchez,  Dec.  11,  1802 565 


LIST    OF    LETTERS  V 

Letters  Written  by  Governor  Claiborne — Continued:  page 

To  Dearborn,  Henry,  Natchez,  Dec.  11,  1802 565 

To  Dearborn,  Henry,  Natchez,  Dec.  21,  1802 571 

To  Dearborn,  Henry,  Natchez,  Jan.  3,  1803 --  573 

To  Dearborn,  Henry,  near  Natchez,  Jan.  17,  1803 580 

To  Dearborn,  Henry,  Washington,  Mississippi  Territory,  Jan.  19,  1803  582 

To  Dearborn,  Henry,  near  Natchez,  Jan.  31 ,  1803 588 

To  Dearborn,  Henry,  near  Natchez,  Feb.  15,  1803 589 

To  Dearborn,  Henry,  Washington,  Mississippi  Territory  Mar.  2,  1803  596 

To  Dearborn,  Henry,  Natchez,  Mar.  7,  1803 598 

To  Dearborn,  Henry,  Natchez,  Mar.  7,  1803 598 

To  Dearborn,  Henry,  Natchez,  Mar.  17,  1803 600 

To  Dearborn,  Henry,  Natchez,  Mar.  17,  1803 601 

To  Dinsmore,  Silas,  Natchez,  Nov.  11,  1802 548 

To  Dunbar,  Wm,  Washington,  Apr.  16,  1802 415 

To  Duncan,  Abner  L.,  Washington,  Dec.  18,  1802 571 

To  Evans,  Lewis,  Natchez,  Jan.  9,  1802 368 

To  Farrell,  James,  near  Natchez,  Feb.  23,  1802 383 

To  Girault,  John,  Jefferson  Court  House,  Aug.  4,  1802 475 

To  Girault,  John,  Washington,  Mississippi  Territory,  Aug.  17,  1802..  483 

To  Governor-General  of  Louisiana,  Natchez,  Feb.  10,  1802 —  379 

To  Grainger,  Gideon,  near  Natchez,  Sept.  6,  1802 493 

To  Green,  Abner,  Washington,  Mississippi  Territory,  May  1,  1802 —  427 

To  Harding,  Lyman,  near  Natchez,  Mar.  3,  1802 387 

To  Hawkins,  Benj.,  Natchez,  Dec.  14,  1801 359 

To  Henderson,  John,  near  Natchez,  Mar.  18,  1802 391 

To  Hoggatt,  James,  Natchez,  Sept.  15,  1802 506 

To  Houses  of  Assembly,  Washington,  Apr.  16,  1802 413 

To  Houses  of  Assembly,  Washington,  May  4,  1802 428 

To  Houses  of  Assembly,  Washington,  May  4,  1802 432 

To  Huling,  Wm.  E.,  Natchez,  June  26,  1802 457 

•To  Huling,  Wm.  E.,  Natchez,  June  26,  1802 457 

To  Huling,  Wm.  E.,  Natchez,  July  6,  1802 471 

To  Huling,  Wm.  E.,  Natchez,  Oct.  28,  1802 533 

To  Huling,  Wm.  E.,  near  Natchez,  Jan.  12,  1803 577 

To  Huling,  Wm.  E.,  near  Natchez,  Jan.  13,  1803 578 

To  Huling,  Wm.  E.,  Natchez,  Feb.  18,  1803 595 

To  Huling,  Wm.  E.,  Washington,  Mississippi  Territory,  Mar.  4,  1803  597 

To  Hunter,  Henry,  near  Natchez,  Feb.  24,  1802 383 

To  Jefferson,  Thos.,  Natchez,  Jan.  21,  1802 371 

To  Jefferson,  Thos.,  Washington,  Mississippi  Territory,  June  1,  1802.  448 

To  Jones,  Evan,  near  Natchez,  Apr.  7,  1802 408 

To  Lattimore,  Drs.  D.  and  W.,  Washington,  Mississippi  Territory, 

Oct.  5,  1802 526 

To  Lee,  Richard,  near  Natchez,  Sept.  10,  1802 497 

To  Lewis,  Seth,  Judge,  Washington,  Mississippi  Territory,  May  22, 

1802 440 

To  Lewis,  Seth,  Judge,  Mississippi  Territory,  Oct.  19,  1802... 529 

To  Lewis,  Bruin  and  Ker,  Judges,  Washington,  Mississippi  Territory, 

Dec.  10,  1802 569 

To  Lintot,  Bernard,  Natchez,  Jan.  28,  1802 375 

To  Madison,  James,  Nashville,  Aug.  2,  1801 343 

To  Madison,  James,  Knoxville,  Sept.  16,  1801 344 

To  Madison,  James,  Nashville,  Oct.  7,  1801 345 

To  Madison,  James,  Natchez,  Nov.  24,  1801 346 

To  Madison,  James,  Natchez,  Dec.  12,  1801 349 

To  Madison,  James,  Natchez,  Dec.  20,  1801 363 

To  Madison,  James,  Natchez,  Jan.  8,  1802 367 

To  Madison,  James,  Natchez,  Jan.  20,  1802 369 


vi 


LIST    OF    LETTERS 


Letters  Written  by  Governor  Claiborne — Continued: 


PAGE 

,  James,  Natchez,  Jan.  23,  1802 373 

,  James,  Natchez,  Feb.  5,  1802 375 

,  James,  near  Natchez,  Feb.  16,  1802. 381 

,  James,  near  Natchez,  Mar.  6,  1802 387 

,  James,  near  Natchez,  Apr.  3,  1802 402 

,  James,  Natchez,  Apr.  24,  1802 421 

,  James,  near  Natchez,  May  14,  1802 438 

,  James,  Washington.fcMississippi  Territory,  May  28,  1802  444 

,  James,  Town  of  Washington,  June  1 ,  1802 446 

,  James,  near  Natchez,  June  31,  1802 467 

,  James,  Natchez,  Aug.  19,  1802 487 

,  James,  Town  of  Washington,  Sept.  12,  1802 501 

,  James,  near  Natchez,  Oct.  29,  1802 535 

,  James,  near  Natchez,  Nov.  5,  1802 536 

,  James,  near  Natchez,  Nov.  6,  1802 545 

,  James,  near  Natchez,  Nov.  6,  1802 546 

,  James,  near  Natchez,  Nov.  24,  1802 555 

,  James,  Natchez,  Nov.  25,  1802 556 

,  James,  near  Natchez,  December  21,  1802 572 

,  James,  Natchez,  Jan.  3,  1803 574 

,  James,  near  Natchez,  Jan.  19,  1803 583 

,  James,  near  Natchez,  Jan.  20,  1803 584 

,  James,  near  Natchez,  Jan.  28,  1803 588 

,  James,  near  Natchez,  Mar.  3,  1803 595 

,  James,  near  Natchez,  Mar.  5,  1803 597 

,  James,  near  Natchez,  Mar.  15,  1803 600 

,  James,  near  Natchez,  Mar.  27,  1803 603 

,  Samuel,  near  Natchez,    Aug.  15,  1802 482 

,  Samuel,  near  Natchez,  Oct.  4,  1802 519 

Town  of  Washington,  May  1 ,  1802. 426 

Mississippi  Territory,  June  22,  1802 454 

To  McKee,  John,  near  Natchez,  Mar.  28,  1802 393 

To  McKee,  John,  near  Natchez,  Apr.  7,  1802 410 

To  McKee,  John,  Natchez,    May  1,  1802 425 

To  McKee,  John,  near  Natchez,  June  4,  1802 450 

To  McKee,  John,  near  Natchez,  June  29,  1802 458 

To  Officer  Commanding  at  Fort  Stoddert,  Natchez,  July  10,  1802...  472 
To  Officer  in  Charge  at  Mouth  of  Bear  Creek,  Town  of  Washington, 

Apr.  27,  1802 425 

To  Osmun,  Benajah,  Town  of  Washington,  May  6,  1802 433 

To  Pitchylynn,  John,  near  Natchez,  Aug.  22,  1802 488 

To  Postlethwait,  Samuel,  near  Natchez,  Apr.  7,  1802 409 

To  Postlethwait,  Samuel,  Washington,  Apr.  16,  1802 414 

To  Rawn,  David,  Washington,  Mississippi  Territory,  Sept.  21,  1802.  512 

To  Rennick,  Lieutenant  S.,  Mississippi  Territory,  Jan.  9,  1801 424 

To  Scott,  Wm,  Town  of  Washington,  Dec.  18,  1802 570 

To  Scurlock,  James,  Town  of  Washington,  June  2,  1802 449 

To  Shaumburgh,  B.,  Natchez,  Apr.  12,  1802 412 

To  Shaumburgh ,  B . ,  Town  of  Washington ,  May  3 ,  1 802 428 

To  Sparks,  Richard,  Natchez,  Feb.  10,  1802 380 

To  Sparks,  Richard,  Town  of  Washington,  July  1 ,  1802 469 

To  Sparks,  Richard,  near  Natchez,  July  6,  1802 470 

To  Tierney,  Mathew,  Town  of  Washington,  Sept.  19,  1802 510 

To  Trask,  Israel  E.,  Town  of  Washington,  Oct.  9,  1802 ..  527 

To  Vousdon,  Wm.,  near  Natchez,  Jan.  11,  1802... 369 

To  Walker,  Peter,  near  Natchez,  Mar.  18,  1802 392 

To  Walker,  Peter,  Town  of  Washington,  Sept.  9,  1802 494 

To  Walker,  Peter,  Town  of  Washington,  Sept.  14,  1802 506 

) 


To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Madison 

To  Mitchell 

To  Mitchell 

To  McCormick.^Wm 

To  McCormick,  Wm 


LIST    OF    LETTERS  Vll 

Letters  Written  by  Governor  Claiborne — Continued:  page 

To  Wilkinson,  General  James,  Natchez,  Jan.  29,  1802 377 

To  Wilkinson,  General  James,  Town  of  Washington,  Oct.  3,  1802 515 

To  Wilkinson,  General  James,  Washington,  Nov.  16,  1802 548 

To  Wilkinson,  General  James,  near  Natchez,  Dec,  1802 573 

To  Wilkinson,  General  James,  Washington,  Jan.  29,  1803 587 

To  Wilkinson,  General  James,  Town  of  Washington,  Feb.  23,  1803  „  592 

To  Williams,  Governor  B.,  near  Natchez,  Mar.  11,  1802 390 


Letters  Written  to  Governor  Claiborne: 

By  Brooks,  William,  Natchez,  Dec.  11,  1802 563 

By  Dearborn,  Henry,  War  Department,  Feb.  23,  1802 416 

By  Dearborn,  Henry,  War  Department,  Mar.  10,  1802 434 

By  Dearborn,  Henry,  War  Department,  Apr.  8,  1802 441 

By  Dearborn,  Henry,  War  Department,  May  24,  1800 459 

By  Dearborn,  Henry,  War  Department,  June  7,  1802 476 

By  Dearborn,  Henry,  War  Department,  June  11,  1802 484 

By  Dearborn,  Henry,  War  Department,  July  28,  1802 507 

By  Dearborn,  Henry,  War  Department,  July  9,  1802 546 

By  Dearborn,  Henry,  War  Department,  Sept.  10,  1802 550 

By  Dearborn,  Henry,  War  Department,  Sept.  11,  1802 551 

By  Dearborn,  Henry,  War  Department,  Sept.  11,  1802 552 

By  Dearborn,  Henry,  War  Department,  Dec.  6,  1802 579 

By  De  Salcedo,  Governor,  New  Orleans,  Feb.  28,  1802 394 

By  Dinsmore,  Silas,  Camp,  Sept.  19,  1802. 523 

By  Girault,  John,  Recess,  July  29,  1802 474 

By  Governor-General  of  Louisiana,  New  Orleans,  Nov.  15,  1802 556 

By  Granger,  Gideon,  General  P.  O.,  Nov.  12,  1802 575 

By  Hawkins,  Benj.,  Fort  Adams,  Dec.  10,  1801 357 

By  House  of  Representatives,  Mississippi  Territory,  Dec.  13,  1802 566 

By  Huling,  Wm.  E.,  New  Orleans,  June  12,  1802 457 

By  Huling,  Wm.  E.,  New  Orleans,  June  23,  1802 489 

By  Huling,  Wm.  E. ,  New  Orleans,  Oct.  18,  1802 532 

By  Huling,  Wm.  E. ,  New  Orleans,  Dec.  24,  1802 578 

By  Jefferson,  Thos.,  Washington,  Apr.  3,  1802 446 

By  Jones,  Evan,  New  Orleans,  Mar.  17,  1802 407 

By  Lattimore,  Drs.  D.  and  W.,  Natchez,  Oct.  1,  1802. 523 

By  Legislative  Council,  Washington,  Dec.  15,  1802 567 

By  Macon,  Nathaniel,  Washington,  Mar.  13,  1802 433 

By  Madison,  James,  Washington,  D.  C. ,  Feb.  22,  1802 420 

By  Madison,  James,  Department  of  State,  Apr.  9,  1802 445 

By  Madison,  James,  Department  of  State,  May  11,  1802 463 

By  Madison,  James,  Department  of  State,  July  26,  1802 498 

By  Madison,  James,  Department  of  State,  Nov.  29,  1802 576 

By  Madison,  James,  Department  of  State,  Jan.  17,  1803 594 

By  Madison,  James,  Department  of  State,  Feb.  14,  1803 602 

By  McCormick,  Wm.  T.,  Natchez,  June  22,  1802 454 

By  McKee,  John,  Mount  Dexter,  Sept.  12,  1802 517 

By  Rawn,  David,  Treasury  Department,  Aug.  13,  1802 512 

By  Rawn,  David,  Treasury  Department,  Dec.  4,  1802 576 

By  Schuyler,  P.  P.,  Ft.  Stoddert,  Aug.  1,  1802 490 

By  Shaumburgh,  Captain,  Camp,  Apr.  7,  1802... 411 

By  Wilkinson,  James,  Natchez,  Jan.  29,  1802 378 


Vlll  LIST   OF    LETTERS 

Letters  Written  to  Governor  Claiborne — Continued:  page 

By  Wilkinson,  Tames,  Ft.  St.  Stephens,  Sept.  18,  1802 514 

By  Wilkinson,  tames,  Camp,  Nov.  11,  1802 554 

By  Wilkinson,  James,  National  Boundary,  Jan.  23,  1803 586 

By  Wilkinson,  James,  Ft.  Adams,  Feb.  18,  1803 590 

By  Wilkinson,  James,  Ft.  Adams,  Feb.  18,  1803 591 

By  Williams,  Governor  B.,  Raleigh,  N.  C,  Jan.  14,  1802 389 

By  Wingate,  Joshua,  War  Department,  Aug.  24,  1802 522 

Letter  from  John  McKee  to  Benj.  Hawkins 358 

Letter  from  Thos.  Jefferson  to  Mississippi  House  of  Represen- 
tatives  447 


EDITOR'S  INTRODUCTION. 


The  Mississippi  Department  of  Archives  and  History  was  es- 
tablished February  26,  1902,  for  "the  care  and  custody  of  official 
archives,  the  collecting  of  materials  bearing  upon  the  history 
of  the  State  and  of  the  territory  included  therein,  from  the 
earliest  times,  the  editing  of  official  records  and  other  historical 
materials,  the  diffusion  of  knowledge  in  reference  to  the  history 
and  resources  of  this  State,  the  encouragement  of  historical 
work  and  research  and  the  performance  of  such  other  acts  and 
requirements  as  may  be  enjoined  by  law." 

The  above  quotation  from  the  first  section  of  the  act  of  estab- 
lishment indicates  the  policy  of  the  Department,  in  the  publica- 
tion of  the  official  archives  of  the  State  of  Mississippi. 

Next  to  the  preservation  and  arrangement  of  official  material, 
its  publication  is  now  regarded  by  students  and  investigators  as 
the  most  important  activity  in  which  historical  agencies  can 
engage. 

The  Mississippi  Department  of  Archives  and  History  issues 
three  classes  of  publications : 

1.  Annual  Reports,  which  describe  in  detail  the  development 
and  progress  of  the  historical  work  of  the  State,  and  which  are 
frequently  accompanied  by  valuable  historical  documents. 

2.  The  Official  and  Statistical  Register  of  Mississippi,  which 
is  published  every  four  years,  and  which  is  a  complete  handbook 
of  the  State  Government. 

3.  Mississippi  Archives,  which  have  been  tentatively  outlined 
as  follows: 

1.  Charters,  organic  acts,  proclamations  and  constitutions 
from  the  Spanish  dominion  (1540)  to  the  present. 

2.  Spanish  archives  at  Madrid,  Seville  and  Simancas,  dealing 
with  the  exploration,  settlement  and  government  of  what  is  now 
the  State  of  Mississippi,  1507  to  1813. 


6  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

3.  French  archives  at  Paris,  relative  to  exploration,  settle- 
ment and  government,  1699  to  1783. 

4.  English  archives  on  file  in  the  Public  Record  Office  in  Lon- 
don, connected  with  English  dominion,  1763  to  1781. 

5.  National  archives  in  Washington,  dealing  with  the  occu- 
pation and  government  of  the  United  States,  1798  to  1817. 

6.  Territorial  archives  on  file  in  the  Department  of  Archives 
and  History,  1798  to  1817. 

7.  State  archives  on  file  in  the  Department  of  Archives  and 
History,  1817  to  the  present  time. 

The  completion  of  such  a  series  of  publications,  as  outlined 
above,  will  give  a  most  complete  documentary  history  of  Missis- 
sippi. 

It  will  be  seen  from  the  above  classifications  that  the  publica- 
tion of  Mississippi  archives  has  been  arranged  in  three  groups, 
which  deal  with  clearly  defined  historical  periods,  from  1540  to 
1905.  The  first  period,  from  1540  to  1798,  will  be  covered  by 
publications  known  as  Provincial  Archives;  the  second,  from 
1798  to  1817,  by  Territorial  Archives;  the  third,  from  1817  to 
date,  by  State  Archives.  The  archives  of  the  Territorial  period 
are  now  ready  for  publication,  and  in  order  that  no  time  may  be 
lost,  that  series  will  be  issued  first. 

The  plan  for  the  collection  of  provincial  archives  from  Spain, 
France  and  England,  through  a  duly  accredited  representative  of 
the  Department  of  Archives  and  History,  is  now  being  formu- 
lated. 

This  volume  marks  the  beginning  of  the  series,  which  was  pro- 
vided for  by  an  appropriation  of  one  thousand  dollars,  made 
March  10,  1904.  The  territorial  archives  of  Mississippi  com- 
mence with  the  executive  journal  of  Gov.  Winthrop  Sargent,  the 
first  governor  of  the  territory,  which  begins  May  21,  1798,  and 
ends  April  3,  1801.  The  Sargent  journal  is  a  well  preserved 
volume  of  four  hundred  and  forty-seven  manuscript  pages,  and, 
while  it  serves  to  throw  light  on  the  official,  rather  than  the  man, 
there  are  side  lights  which  reveal  the  sober,  earnest,  patriotic 


editor's  introduction.  7 

citizen  who  loves  his  country  and  hates  her  enemies  with  all  the 
ardor  of  a  soldier  of  the  Revolution.  This  record  of  the  Sargent 
administration  will  reveal  the  first  governor  of  the  Mississippi 
Territory  to  every  impartial  investigator  in  a  new  and  better 
light.  It  presents  a  new  man,  who  has  not  heretofore  been  ac- 
corded that  even-handed  justice  which  is  due  from  the  historian. 

The  Claiborne  journal  of  three  hundred  and  sixty  pages, 
which  appears  as  Part  II.  of  this  volume,  is  an  interesting  record 
of  the  administration  of  Gov.  William  Charles  Cole  Claiborne, 
the  second  governor  of  Mississippi  Teritory,  beginning  July  10, 
1801,  and  ending  March  27,  1803.  It  records,  with  careful  ac- 
curacy, the  incidents  of  the  first  two  years  of  the  Claiborne  ad- 
ministration, and  reveals  the  young  governor  as  an  executive  of 
decided  ability. 

Sargent  and  Claiborne,  it  is  evident,  were  careful,  indus- 
trious men;  both  seem  to  have  had  genius  for  detail  and  a 
fondness  for  keeping  journals,  in  which  were  recorded  all  official 
correspondence,  and  other  writings  and  proceedings.  The  texts 
of  the  letters  and  documents  are  not  difficult  to  read,  and  great 
pains  have  been  taken  to  secure  accuracy.  The  letters  were 
compared,  word  for  word,  with  the  originals. 

The  plan  of  this  publication  has  been  to  reproduce  every  word 
just  as  it  was  written,  preserving  every  error  of  whatever  char- 
acter. The  editor  has  carefully  annotated  the  journals,  his  object 
being  to  throw  light,  rather  than  to  make  a  display  of  a  great 
number  of  foot  notes. 

Before  closing  this  introductory  note,  the  editor  takes  pleas- 
ure in  stating  that,  in  his  labors,  he  has  gained  many  valuable 
ideas  from  a  careful  study  of  "Letters  of  John  C.  Calhoun,"  as 
edited  by  Dr.  J.  Franklin  Jameson,  and  published  by  the  Ameri- 
can Historical  Association. 

Dunbar  Rowland. 

Department  of  Archives  and  History, 
Jackson,  Miss.,  August  10,  1905. 


Photographic  facsimile  after  a  copy  of  an  oil  painting  by  Gilbert  Stuart,  in  the 
Mississippi  Hall  of  Fame. 


WINTHROP    SARGENT. 
First  Governor  of  Mississippi  Territory. 

BY    DUNBAR    ROWLAND. 

Winthrop  Sargent  was  born  at  Gloucester,  a  coast  town  of 
Massachusetts,  May  1,  1755.  His  first  paternal  ancestor  who 
came  to  America  was  William  Sargent.  He  immigrated  to  the 
colony  from  Gloucester,  England,  some  time  before  1568,  since 
which  time  his  descendants  have  been  distinguished  in  law,  lit- 
erature, art  and  politics. 

Winthrop  Sargent  was  graduated  from  Harvard  University, 
and  soon  after  went  to  sea  as  captain  of  a  merchant  vessel  owned 
by  his  father.  On  July  7,  1775,  he  enlisted  in  the  Army  of  the 
Revolution,  as  a  lieutenant  in  Gridley's  Regiment  of  Massachu- 
setts Artillery;  on  December  10,  1775,  was  promoted  to  Captain 
Lieutenant  of  Knox's  Regiment,  Continental  Artillery.  He  re- 
ceived the  following  promotions  before  the  close  of  the  war: 
Captain  3d  Continental  Artillery,  January  1,  1777;  brevet  Major, 
August  28,  1783 ;  served  as  Aide-de-Camp  to  General  Howe  from 
June,  1780,  to  1783. 

Major  Sargent  took  an  active  part,  with  his  artillery,  at  the 
siege  of  Boston,  the  battles  of  Long  Island,  White  Plains,  Tren- 
ton, Brandywine,  Germantown,  Monmouth  and  other  important 
operations.  A  chronicler  of  1801,  in  writing  of  Sargent  at  the 
close  of  the  war,  says :  "Six  months'  pay  in  Morris'  notes  and  his 
sword  were  all  that  were  left  him."  In  this  condition  of  affairs 
Major  Sargent  determined  to  apply  for  a  commission  in  the  army 
of  Holland,  and  with  that  end  in  view,  applied  to  General  Wash- 
ington for  a  testimonial  of  his  service  in  the  Continental  Army, 
who  gave  him  a  certificate  in  these  words : 

"I  certify,  ,that  Major  Winthrop  Sargent,  lately  an  officer  in  the  line  of 
artillery,  and  Aide-de-Camp  to  Major  General  Howe,  has  served  with  great 
reputation  in  the  armies  of  the  United  States  of  America:  that  he  entered 
into  the  service  of  his  country  at  an   early   period   of  the  war,  and   during 


10  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

the  continuance  of  it,  displayed  a  zeal,  integrity  and  intelligence  which  did 
honor  to  him  as  an  officer  and  a  gentleman. 

Given  under  my  hand  and  seal,  this  18th  day  of  June,  1785. 

(Signed)   George  Washington, 
late  Commander  in  Chief,  &c. 

At  this  juncture  a  company  was  formed,  made  up  largely  of 
revolutionary  soldiers,  for  the  settlement  of  the  Ohio  River  coun- 
try, known  as  the  Northwestern  Territory,  and  Major  Sargent 
accepted  employment  as  a  surveyor,  charged  with  the  duty  of 
laying  out  the  country  into  townships.  On  the  organization  of  a 
government  for  the  Northwest  Territory,  in  1787,  he  was  elected 
its  secretary  by  the  old  Congress. 

In  the  war  against  the  Miami  Indians,  Secretary  Sargent 
served  as  Adjutant-General  of  the  army  in  the  field  under  Gen. 
Arthur  St.  Clair,  and  was  wounded  in  the  disastrous  defeat  on 
the  Maume,  November  4,  1791.  He  continued  to  serve  as  secre- 
tary of  the  Northwestern  Territory,  and  much  of  the  time  as  act- 
ing Governor  until  May  7,  1798,  when  President  Adams  ap- 
pointed him  governor  of  Mississippi  Territory.  In  a  letter  to 
Secretary  Pickering,  relative  to  arrangements  for  going  to  his 
new  post,  he  says,  under  date  of  June  16,  1798 : 

"General  Wilkinson  arrived  here  the  evening  before  last  and  has  assured 
me  of  accommodation  to  descend  the  river  in  a  very  few  days,  so  that  you 
will  not  probably  hear  again  from  me  at  this  place." 

Governor  Sargent  arrived  at  Natchez  August  6,  in  very  poor 
health,  and  was  taken  to  Concord,  the  old  home  of  Governor 
Gayoso,  where  he  remained  until  convalescent.  His  first  official 
act  was  performed  August  16,  when  he  delivered  an  address  at 
Natchez  to  the  people  of  the  Territory. 

The  territorial  officers,  as  appointed  by  President  Adams, 
were:  William  McGuire,  Chief  Justice;  and  Peter  Bryan  Bruin 
and  Daniel  Tilton  members  of  the  Court.  John  Steele  was  ap- 
pointed secretary. 

Legislative  authority  was  vested  in  the  governor  and  terri- 
torial judges.  Judge  Bruin  was  the  only  resident  member  of  the 
Court,  and  the  absence  of  the  other  members  greatly  embarrassed 


GOVERNOR  WINTHROP   SARGENT.  11 

the  governor  in  the  organization  of  his  administration.  Judge 
Tilton  did  not  arrive  until  January  10,  1799,  and  Judge  McGuire 
not  until  the  following  summer. 

On  the  arrival  of  Governor  Sargent  in  the  Territory,  the 
United  States  and  France  were  on  the  eve  of  hostilities,  which 
prompted  him  to  temporarily  organize  the  militia,  which  was 
done  by  an  official  order,  dated  September  8,  1798 — 

Political  discontent,  under  the  leadership  of  Anthony  Hutchins 
and  Cato  West,  soon  began  to  manifest  itself.  Sargent  was  a 
Federalist;  the  majority  of  the  people  were  Jeffersonian  Republi- 
cans, and  party  feeling  prevented  them  from  co-operating  with 
him  in  his,  really,  earnest  and  sincere  efforts  to  give  them  good 
government. 

On  the  arrival  of  Judge  Tilton,  the  legislative  branch  of  the 
government  was  organized,  and  the  first  law  of  Mississippi  Ter- 
ritory bears  date  of  February  28,  1799. 

Soon  after  this  time  Governor  Sargent  was  married  to  Maria 
Mcintosh  Williams,  a  young  widow  of  considerable  fortune  in 
lands,  which  gave  him  a  permanent  interest  in  the  Territory. 
One  son  was  born  of  this  marriage,  William  Fitz  Winthrop. 

The  leaders  of  the  opposition  violently  attacked  the  laws  that 
were  enacted  by  the  governor  and  judges.  These  dissensions  re- 
sulted in  a  public  meeting  of  the  opponents  of  the  administration, 
at  which  a  committee  was  appointed  to  present  grievances  to  the 
governor  and  judges.  The  committee  also  appointed  Narsworthy 
Hunter  as  its  agent,  and  instructed  him  to  proceed  to  Phila- 
delphia and  lay  their  complaints  before  Congress.  The  peti- 
tion to  Congress  was  prepared  by  Cato  West;  it  bears  date  of 
October  2,  1799,  and  was  signed  by  fifteen  citizens  of  the  Terri- 
tory. 

The  agitation  by  the  West  Committee,  as  represented  by 
Hunter,  before  Congress,  resulted  in  the  supplemental  act  of 
June  24,  1800,  which  authorized  a  legislative  body  for  the  Ter- 
ritory, to  consist  of  a  House  of  Representatives  elected  by  the 
people,  and  a  Legislative  Council  nominated  by  the  House  and 


12  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

appointed  by  the  President.  The  House  had  a  membership  of 
nine;  the  Council  was  composed  of  five  members. 

On  June  24,  1800,  the  governor  ordered  an  election  for  mem- 
bers of  the  House  of  Representatives,  to  be  held  at  the  county 
seats  on  the  fourth  Monday  of  July.  The  election  resulted  in  a 
victory  for  the  opponents  of  Governor  Sargent.  The  Represen- 
tatives-elect met  September  22,  1800,  at  the  government  house 
in  Natchez. 

In  his  address  to  the  representatives  of  the  people,  the  gov- 
ernor adopted  a  conciliatory  attitude,  but  the  presence  of  Hutch- 
ins  and  West  as  members,  probably,  prevented  agreeable  rela- 
tions. 

The  Territory  had  been  divided  into  three  counties,  Adams, 
Pickering  and  Washington,  which  were  named  in  honor  of  John 
Adams,  Timothy  Pickering  and  George  Washington.  Adams 
County  was  represented  by  Henry  Hunter,  James  Hoggett,  An- 
thony Hutchins  and  Sutton  Banks;  Pickering  County  by  Cato 
West,  Thomas  M.  Green,  John  Burnet  and  Thomas  Calvit.  Wash- 
ington County's  election  was  held  irregularly,  in  that  it  was 
not  held  on  the  day  fixed  by  law,  and  the  House  refused  to  seat 
John  Flood  McGrew,  the  Representative  from  that  county. 

The  change  to  the  second  grade  of  government,  as  provided 
for  by  the  act  of  June  24,  1800,  soon  became  unpopular,  and  a 
petition  for  its  repeal,  dated  December  6,  1800,  signed  by  four 
hundred  citizens  of  the  Territory,  was  presented  to  Congress. 

When  President  Adams  was  defeated  by  Thomas  Jefferson 
for  the  Presidency,  Governor  Sargent,  early  in  April,  1801,  took 
a  leave  of  absence,  which  had  been  granted  some  time  before,  to 
visit  Washington,  in  order  to  defend  his  administration  against 
the  attacks  of  his  political  enemies,  and  seek  vindication  by  re- 
appointment. He  left  the  Territory  soon  after,  and  proceeded  to 
the  national  capital  for  that  purpose,  but  his  mission  was  not 
accomplished,  as  William  Charles  Cole  Claiborne  was  commis- 
sioned governor  of  the  Mississippi  Territory  May  25,  1801. 

The  popular  opinion  of  the  Sargent  administration  has  been 


GOVERNOR  WINTHROP   SARGENT.  13 

derived  from  Claiborne's  Mississippi;  and  it  is,  somewhat, 
natural  that  his  criticism  should  have  been  adopted  without  in- 
vestigation by  other  historical  writers.  Claiborne  pictures  Sar- 
gent as  a  cold,  austere,  unsympathetic,  arbitary,  grasping  man, 
who  was  never  in  touch  with  the  true  interests  of  the  people. 
Such  an  estimate  seems  to  be  partisan  on  its  face,  and  is  not 
borne  out  by  a  careful  perusal  of  the  record.  His  journal  im- 
presses one  that  he  had  a  deep  love  for  his  country  and  its  in- 
terests, that  he  was  sincerely  ambitious  to  serve,  faithfully,  the 
people  to  whom  he  had  been  sent,  and  that  he  surmounted  un- 
usual difficulties  in  the  establishment  of  law  and  order  in  a 
frontier  settlement.  In  his  administration  of  the  affairs  of 
government  he  was  industrious,  capable  and  just.  He  was, 
possibly,  wanting  in  political  tact,  and  perhaps  his  military  train- 
ing caused  him  to  expect  too  much  obedience  and  reverence  for 
law  in  a  frontier  people. 

During  his  trip  to  the  Atlantic  States,  Governor  Sargent  vis- 
ited his  old  home  in  Massachusetts,  after  which  he  returned  to 
Mississippi  Territory  and  quietly  took  up  the  life  of  a  planter. 
He  called  his  home  Gloucester,  evidently  in  honor  of  his  birth- 
place. He  was  a  successful  planter,  and  was  one  of  the  commit- 
tee appointed  by  the  Legislature  in  1809  to  receive  subscriptions 
to  stock  of  the  Bank  of  Mississippi,  the  first  banking  house  estab- 
lished in  the  Mississippi  Territory.  Governor  Sargent  died  in 
New  Orleans  June  3,  1820,  and  is  buried  at  Gloucester,  his  home, 
near  Natchez. 

For  authorities  on  the  life  of  Governor  Sargent  consult  Mis- 
sissippi Archives,  Heitman's  Register  Continental  Army,  Annals 
of  Congress  1799-1801,  Papers  in  relation  to  the  official  conduct 
of  Governor  Sargent,  Claiborne's  Mississippi,  Wilkinson's  Mem- 
oirs. 


MISSISSIPPI 

TERRITORIAL    ARCHIVES 
1798-1803 


A  Journal 

of  the  Proceedings  in  the  Executive  Department 

of  the  Government  of  the 

Mississippi  Territory 

Under  the  Administration  of 

His  Excellency  Winthrop  Sargent 

Commencing 
The  twenty  first  day  of  May  1798.1 


To  Timothy  Pickering. 

His  Excellency  the  Governor  was  pleased  to  write  the  follow- 
ing private  Letter  to  the  Secretary  of  State,  and  deems  it  neces- 
sary to  be  inserted  in  the  Journal  Viz — 

North  western  Territory 
Cincinnati  21st  of  May  1798 
My  Dear  Sir, 

I  have  just  now  had  the  honor  to  receive  your  favor  of  the  4th 
inst-  and  in  one  hour  the  Mail  will  close,  so  that  I  have  not  time 
so  fully  to  express  myself  as  I  could  wish,  and  as  that  attach- 
ment you  so  kindly  express  for  me  merits. 

The  Confidence  and  good  wishes  of  the  President  of  the 
United  States,  personal  respect  and  admiration  even  out  of 
view,  would  be  in  a  high  degree  grateful.     With  the  sentiments 

irThe  greater  part  of  this  journal  appears  to  be  in  the  handwriting  of 
John  Steele,  the  Territorial  Secretary.  The  original  letters  were  written  by 
the  Governor,  who  also  made  copies,  which  were  turned  over  to  the  Secre- 
tary, to  be  transcribed  in  the  Journal. 


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FACSIMILE   OF   FIRST   PAGE    OF   JOURNAL    OF   GOVERNOR   WINTHROP   SARGENT. 


GOVERNOR  WINTHROP   SARGENT.  15 

then,  that  I  possess  of  Mr.  Adams,  I  can  know  no  greater  hap- 
piness, than  is  Communicated  by  his  honorary  Distinctions  of 
Confidence ;  and  next  to  my  desire  of  aspiring  to  an  elevated  Sta- 
tion in  the  mind  of  the  President,  I  assure  you,  Sir,  is  my  wish 
of  being  thought  well  of  by  yourself. 

The  Nomination  you  have  been  pleased  to  signify  unto  me, 
would  have  given  me  pleasure  from  your  having  placed  it  in 
my  view,  so  as  to  indulge  the  hope  of  those  pursuits  in  future, 
which  may  promote  my  interest  in  this  Country — but  for  the 
very  infirm  State  of  my  health;1  I  am  indeed  my  Dear  Sir,  I 
assure  you  extreme  Sick —  perhaps  too  much  debilitated,  to  en- 
gage in  those  duties,  that  might  even  in  better  times  be  to  me  ar- 
duous, however  my  Dear  Sir,  you  have  expressed  a  wish,  that 
if  the  appointment  is  made,  I  should  accept  it, —  this  also  I  must 
suppose  to  be  the  desire  of  the  President,  and  in  Consequence  I 
shall  implicitly  be  governed  by  your  instructions,  If  I  can  believe 
it  amongst  the  probabilities  that  my  State  of  health,  may  possibly 
admit  of  my  discharge  of  those  duties  which  Shall  be  assigned 
me. 

You  will  be  good  enough  I  trust  to  cause  the  Necessary  ar- 
rangements to  capacitate  the  Executive  of  the  New  Government 
to  organize  the  same  with  as  much  facility  as  possible,  and  for 
the  necessary  Distinction  between  Civil  and  Military —  the  pow- 
ers of  the  Governour  in  War  &c —  Laws  of  the  United  States — 
Journals  of  the  Old  Congress, — Laws  of  all  the  States  of  the 
Union,  to  give  the  Legislature  an  election,  would  be  highly  useful, 
— Stationary,  a  Seal,  Press  blank  Commissions  &c,  will  Consti- 
tute a  Necessary  part  of  the  apparatus. 

Before  I  received  your  Letter —  indeed  before  the  arrival  of 
Governour  St.  Clair,  which  was  upon  the  17th  instant,  I  had  been 
making  my  arrangements  for  leaving  the  Territory,  even  though 
his  Excellency  had  not  arrived —  You  will  judge  from  this,  my 
health  must  have  been  extreme  bad, —  indeed  Sir,  my  situation 
was  critical.     I  had  maintained  the  Station2  too  long  —  my  Phy- 

1  Sargent  was  just  recovering  from  a  very  severe  illness 

2  Sargent  had  served  as  Secretary  of  the  Northwestern  Territory  since 

1788. 


16  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

sicians,  and  friends  had  declared  to  me  a  change  of  air  necessary 
—  Under  these  Circumstances,  I  hade  made  up  my  mind  upon  a 
Northern  Journey, —  a  Voyage  to  the  sea  Coast  as  most  congenial 
to  my  feelings —  I  had  determined  to  deposit  the  public  Records 
with  a  Captain  Harrison,  a  Young  Gentleman  of  Virginia,  and  of 
Education,  son  to  a  former  Governour  of  that  name,  long  in  the 
family  of  General  Wayne,  in  a  Confidential  Character,  and  who 
for  seven  years  I  believe  has  sustained  a  fair,  indeed  unblemished 
reputation  as  a  Military  Officer —  A  few  weeks  since  he  resigned, 
and  from  faith  in  the  goodness,  and  propriety  of  his  Principles, 
and  Ability,  I  had  placed  in  him  the  Confidence  before  expressed, 
and  I  am  sure  Sir,  that  I  may  venture  to  Vouch,  that  he  will  not 
betray  any  trust,  with  which  Government  may  honour  him — in- 
deed I  think  him  a  very  deserving  young  man. 

In  case  of  my  appointment  will  it  not  be  proper  I  should  be 
furnished  with  a  Military  escort. —  I  hope  Government  may  be 
pleased  to  Consider  that  my  expences  at  taking  possession  of  the 
new  Country,  must  be  considerable,  and  make  some  provision 
therefor.1  The  movement  not  being  Calculated  upon  has  not  by 
me  been  provided  for. — I  leave  my  home  and  those  little  Conven- 
iences, that  have  enabled  me  to  live  upon  my  former  Salary,  and 
I  believe  no  man  in  Administration,  will  be  unwilling  to  confess, 
that  a  Considerable  sum  of  money  must  be  actually  due  me  for 
my  services  in  this  Country.2 

I  have  the  honour  to  be  with  every  sentiment  of  respect  and 
esteem, 

Sir, 

your  very  humble  servant 
(Signed)   Winthrop  Sargent. 

The  Honourable  The  Secretary  of  State. 

1  Ten  thousand  dollars  had  been  appropriated  to  carry  the  Act  creating 
the  Mississippi  Territory  into  effect. 

-  The  salary  of  the  Secretary  had  been  fixed  at  $750.  Reference  is  here 
made  to  the  propriety  of  extra  compensation  as  Acting  Governor. 


GOVERNOR  WINTHROP  SARGENT.  17 

To  Timothy  Pickering. 

Cincinnati  29th  May  1798. 
Sir, 

I  had  the  honour  to  receive  your  Letter  of  the  tenth  of  May, 
and  my  Commission  as  Governour  of  the  Mississippi  Territory 
on  the  last  evening. — I  trust  that  I  am  properly  impressed  by  this 
mark  of  Confidence  from  the  President  and  senate  of  the  United 
States,  and  will  endeavour  to  discharge  the  duties  of  my  office  in 
"integrity,"  and  to  the  best  of  my  abilities"  but  my  present  State 
of  health  which  for  a  considerable  time  past  has  been  extreme 
bad,  causes  some  uneasy  apprehensions  however  for  the  imme- 
diate full  discharge  of my  duties, — and  for  the  ab- 
sence of  the  Judges,1  and  Secretary  I  have  much  regret. 

First  impressions  are  strong — it  will  therefore  I  apprehend 
be  unfortunate  for  our  Government  should  the  Executive  be  con- 
strained to  visit  the  Mississippi  Territory  without  the  Judges — 
the  people  have  been  anticipating  that  which  it  is  not  in  the  Gov- 
ernours  power  to  bestow. 

The  pleasure  of  Government  however  as  expressed  to  me  by 
you  Sir,  shall  be  my  guide,  and  I  will  delay  no  longer  than  to  be 
furnished  with  necessary  transportation; — General  Wilkinson 
is  expected  immediately,  and  to  him  I  shall  apply  for  the  same. 

Lest  there  should  be  some  hesitation  upon  his  part,  which 
however  I  should  not  expect,  I  take  leave  Sir  to  request,  that  di- 
rections may  be  given  in  point,  and  if  previous  accommodations 
should  be  obtained,  they  can  operate  no  ill. 

I  have  only  further  to  observe  Sir  that  I  have  not  a  Competent 
knowledge  of  the  expences  of  the  Southern  Indian  Department — 
If  Considerable  it  is  essential  provision  should  be  made  therefor, 
as  I  have  it  not  in  my  Power  at  present  to  make  advances,  though 
I  possess  ample  disposition  for  the  Public  interests. 

I  have  to  request  Sir  that  a  seal,  Press,  Stationary,  and  blank 
Commissions  may  be  forwarded  as  soon  as  possible  for  the  Mis- 
sissippi Territory,  and  the  forms  which  were  transmitted  from 

1  Only  one  of  the  judges  (Bruin)  was  a  resident  of  the  Territory.    Judge 
Tilton  did  not  reach  his  post  until  January,  1799. 
2 


18  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

the  Northwistern  Territory  to  your  office  in  1789,  I  think  will  be 
found  sufficiently  adapted, — Poyntell  living  in  Chestnut  Street 
Philadelphia  has  been  the  Printer  of  some  of  them. 
With  very  great  respect  I  have  the  honour  to  be, 

Sir, 

your  very  humble  servant, 
(Signed)  Winthrop  Sargent. 
The  Honourable  The  Secretary  of  State. 


To  Timothy  Pickering. 

His  Excellency  the  Governour  was  pleased  to  write  the  follow- 
ing private  Letter  to  the  Secretary  of  State,  and  deems  it  neces- 
sary to  be  entered  on  the  Journal  Viz. 

Cincinnati  29th  May  1798 
My  Dear  Sir 

In  response  to  one  of  your  private  Letters  of  the  11th  instant 
my  respect  and  esteem  impel  me  to  repeat  my  assurances,  mat 
nothing  but  a  sense  of  duty  and  absolute  necessity,  could  have 
constrained  me  to  have  been  so  very  importunate,  as  I  must  have 
seemed  to  be,  in  mine  of  the  16th  ulto;  For  I  could  readily  con- 
ceive of  the  importance,  and  the  Multiplicity  of  your  engage- 
ments, rendering  expected  attention  to  the  officers  of  this  Terri- 
tory impossible —  pressed  however  as  I  was  at  all  times,  by  all 
opportunities,  upon  the  subjects  on  which  I  addressed  you  at  that 
date,  and  apprehensive  for  consequences,  I  could  not  avoid  re- 
iterating my  wishes,  or  now  again  soliciting,  that  the  Depositions 
relative  to  horses,  stolen  from  Gregory  and  Richardson  by  the 
Indians,  may  be  transmitted  to  Governour  St.  Clair,  so  soon  as 
you  may  find  it  Convenient. —  of  this  and  attention  to  all  other 
matters  that  require  it,  I  rest  perfectly  assured,  and  that  the  same 
will  be  bestowed  so  soon  as  superior  demands  can  anywise  render 
it  practicable. —  I  feel  anxious  that  all  concerns  of  the  Territory 
(notwithstanding  I  am  about  to  leave  it)  and  which  have  been 


GOVERNOR  WINTHROP   SARGENT.  19 

produced  in  my  Administration  of  Government  (more  particu- 
larly) should  have  a  speedy  and  happy  issue. 

I  am  closing  the  Journals  of  the  Executive  and  shall  send 
forward  a  Copy  by  next  Mail,  that  my  Secretary's  duty  may  be 
all  fair  and  in  order ;  the  same  however  would  not  have  been  due 
until  the  last  of  June —  The  records  and  public  papers  will  im- 
mediately be  put  into  the  hands  of  William  H  Harrison  Esquire 
of  this  place,  as  I  had  the  honour  of  advertising  you  in  my  last. 

And  now  my  Dear  Sir  to  respond  to  the  important  private 
Letter  of  the  beforementioned  date —  I  do  indeed,  "accept  your 
remarks  in  good  part,"  and  you  can  not  confer  on  me  more  obli- 
gation than  by  Continuing  them —  They  may  be  honnorable  to 
myself,  and  useful  to  the  New  Government. 

The  footing  upon  which  Governour  Gayoso  lived  with  the 
Inhabitants  of  the  Natchez,  it  may  not  be  exactly  in  my  power 
to  observe,  from  the  difference  between  American  and  Spanish 
Appointments,  and  which  must  be  as  well,  or  better  known  to 
you  than  myself;  I  will  however  cheerfully  make  such  pecuniary 
sacrifices,  as  my  Circumstances  may  admit  for  the  interest  of 
Government,  and  it  shall  be  my  study  to  conciliate,  and  attach  all 
parties  to  the  United  States. 

The  opposition  to  my  appointment,  and  the  News  of  which  had 
preceded  the  same,  was  more  than  a  little  mortifying  to  me;  as 
it  was  however,  only  because  I  have  been  an  "Eastern  Man"  the 
effects  thereof  are  done  away,  and  to  declare  myself  honestly 
(which  perhaps  I  am  too  prone  to)  I  should  have  felt  myself  in- 
finitely more  honoured  in  one  single  Nomination  to  a  Dignified 
Trust,  than  dishonoured  or  mortified,  by  half  a  Dozen  Rejections, 
notwithstanding  my  high  respect  for  many  Members  of  the  Sen- 
ate ;  and  that  I  every  day  thank  God,  for  this  branch  of  our  Gov- 
ernment. May  I  Sir,  upon  this  occasion,  solicit  you  to  present 
my  acknowledgements  to  the  President — his  Moments  are  too 
precious  for  my  immediate  address,  and  with  all  the  respect  and 
admiration,  that  it  is  possible  for  me  to  feel  for  the  most  Dignified 
Character  in  the  Union,  I  should  I  believe  under  the  impressions 


20  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

of  gratitude  for  the  very  highest  favour,  always  be  impelled  to 
silence,  because  I  would  not  even  hazard  intrusion. 
I  have  the  honour  to  be, 
My  Dear  Sir, 

with  very  respectful  esteem, 
your  obedient  humble  servant, 

(Signed)  Winthrop  Sargent. 
I  am  extreme  desirous  we  should 
be  possessed  of  the  Laws  of  all  the  States, 
even  though  the  same  should  be  at  my  own  expense. 

P.  S.  Of  what  Indians  has  the  Governour  Superintendency? 
I  had  believe  Colo.  Hawkins1  was  a  general  Superintendant  for 
the  Southern  Department, —  No  doubt  I  shall  receive  instructions 
as  to  the  particular  treatment  of  the  Indians  within  my  agency, 
but  I  beg  Sir  you  to  bear  the  subject  in  mind —  you  have  had 
enough  to  do  with  them  for  to  determine  they  are  a  troublesome, 
as  well  as  a  very  expensive  people  —  Are  the  Spaniards  to  be 
courted,  (with  due  respect  for  ourselves)  or  kept  at  a  distance? 
Will  it  not  be  advisable  that  an  early  attention  be  given  to  the 
Land  claims  upon  the  Mississippi? —  I  am  told  Gayoso2  was  ex- 
treme liberal  in  Grants  e'er  his  Departure. 

Signed 

W.  Sargent. 
The  Honourable  Secretary  of  State. 


To  Timothy  Pickering. 

His  Excellency  thought  proper  to  write  to  the  Secretary  of 
State  a  Letter  as  follows  Viz. 

Cincinnati  June  4th  1798 
Sir 

I  have  had  the  honour  of  receiving  your  Letter  of  the  13th 
ult  with  instructions  for  my  Conduct  as  Superintendant  of  Indian 

1  Col.  Benjamin  Hawkins. 

2  Spanish  Governor. 


GOVERNOR  WINTHROP  SARGENT.  21 

affairs  in  offences  committed  against  the  people  of  the  United 
States  by  the  Indians,  and  shall  as  in  duty  bound,  follow  the  same 
as  an  unerring  guide, — having  in  mind  however  at  all  times,  your 
suggestions  as  they  relate  to  Colo.  Hawkins,  to  whose  merit  I  am 
no  stranger.  Permit  me  to  ask  though  Sir,  if  it  be  not  possible 
that  with  the  best  disposition  to  the  public  Weal  in  us  both,  there 
may  not  be  such  "clashing  of  our  Powers"  as  may  produce  in- 
convenience and  injury,  and  if  so  whether  the  same  should  not 
be  very  early  provided  against.  Colo.  Hawkins  being  considered 
by  the  Indians  as  Superintendent,  might  it  not  by  them  be  in- 
sisted on  that  all  demands  in  favour  of  the  White  people  should 
pass  through  him  to  the  operation  of  such  delay  (if  he  happened 
to  be  distant)  as  might  be  a  matter  of  real  grievance? —  And  are 
there  not  indeed,  many  other  very  obvious  ills  to  be  apprehended  ? 

It  will  be  my  special  duty  to  conciliate  the  good  will  of  White 
and  red  people,  and  I  will  endeavour  to  perforn  it. —  The  latter 
are  in  numbers  very  frequently  at  the  Natchez,  and  always  I  be- 
lieve, expect  to  be  fed  by  a  Patronizing  Country.  —  as  well  as 
to  receive  some  small  presents. —  Will  you  Sir,  be  kind  enough 
to  give  this  subject  due  attention,  and  give  me  some  rule  of  Con- 
duct. 

With  very  great  respect  I  have  the  honour  to  be, 
Sir, 

your  most  obedient  humble  servant, 

(Signed)    W.    Sargent. 

The  Honble  Secretary  of  State. 


To  Timothy  Pickering. 

His  Excellency  the  Governour  wrote  to  the  Secretary  of  State 
a  Letter  as  follows  viz. 

Cincinnati  June  16  1798. 
Dear  Sir, 

General  Wilkinson  arrived  here  the  Evening  before  last  and 
has  assured  me  of  accommodation  to  descend  the  River  in  a  very 


22  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

few  days,  so  that  you  will  not  probably  again  hear  from  me  at 
this  Place. —  My  health  is  not  by  any  means  established,  I  am 
apprehensive  that  a  more  Southern  Climate  may  incapacitate  me 
from  duty,  at  least  for  a  time,  but  I  should  nevertheless  have  gone 
forward  'ere  this  had  it  been  in  my  power —  I  mention  the  State 
of  my  health  to  impress  upon  you  most  strongly  the  Necessity 
that  the  Officers  of  the  Government,  should  speedily  repair  to  the 
Territory — The  presence  of  the  Judges  can  not  be  dispensed  with, 
and  I  had  flattered  myself,  that  Mr.  Tilton1  would  have  been  on 
the  way,  but  am  told  he  is  gone  into  New  Hampshire. 

From  the  best  intelligence  I  have  been  able  to  procure,  there 
prevails  in  the  Country  of  our  destination,  a  refractory  and  tur- 
bulent Spirit,  with  parties  headed  by  men  of  perverseness  and 
Cunning. —  They  have  run  wild  in  the  recess  of  Government  and 
every  moments  delay  in  adoption  of  rules  and  regulations  after 
the  ordinance  &c  shall  be  promulgated  amongst  them,  must  be 
productive  of  growing  evils,  and  discontent. 

I  am  anxious  to  know  who  is  the  first  Judge,2  and  that  he 
should  be  on  his  way  to  this  Country;  I  trust  he  will  be  a  Law 
Character — of  Strictest  integrity,  of  Converse  with  all  the  States 
National  and  a  man  unconnected  in  Land  Speculations,  and  that 
shall  make  the  duties  of  his  office  the  Primary  Consideration. — 
The  Supreme  Court,  a  Court  from  whose  Judgment  there  can 
be  no  appeal  should  no  more  lack  legal  information  than  in- 
tegrity. The  Indian  Business  as  it  at  present  stands,  embar- 
rassed between  Colo  Hawkins  and  myself,  I  beg  leave  to  recom- 
mend to  your  serious  Consideration; —  I  have  said  much  to  you 
thereupon  in  several  private  Letters  but  it  may  not  be  amiss  to 
repeat. —  All  doubtful  cases  certainly  should  receive  Legislative 
interposition,  and  though  I  am  not  anxious  of  those  concerns 
which  will  be  always  attended  with  fatigue  and  perplexity,  yet  I 
am  desirous  of  duly  filling  every  Station,  to  which  I  may  be  ap- 

1  Daniel  Tilton,  of  New  Hampshire,  commissioned  as  one  of  the  judges 
of  Mississippi  Territory  May  7,  1798. 

2  William  McGuire,  of  Virginia,  was  appointed  Chief  Justice  of  Missis- 
sippi Territory  June  28,  1798. 


GOVERNOR  WINTHROP   SARGENT.  23 

pointed ;  and  as  Superintendent  1  am  sure  you  could  not  wish  me 
a  mere  Cipher. — Those  observations  are  made  with  a  view  also 
to  the  Military;  very  Subaltern  Officers,  (I  know  not  under  what 
authority)  are  instructed  to  speechify,  and  possessed  of  the  en- 
dowments to  "Conciliate"  to  render  them  important  amongst  the 
Indians,  whilst  the  Superintendent  is  not  capacitated  to  make 
unto  them  even  the  smallest  present —  May  not  the  toleration  of 
such  proceedings  open  a  door  for  monstous  abuses.  — I  have 
known  at  Detroit  1,000  Rations  per  day  issued  to  the  Indians,  and 
at  Advanced  Posts,  this  Business  submitted  to  Military,  and  very 
Subaltern  officers  discretionary,  in  whom  I  had  no  Confidence, 
at  the  same  time  that  myself  though  the  Legitimate  Superintend- 
ent of  Indian  Affairs  for  the  N.Western  Territory,  was  cruelly 
forced  to  deny  the  Ottawa  Indians  from  the  Village  of  Arbirc- 
cooke  hungry  in  the  extreme,  even  a  morsel  of  Bread ;  At  a  visit 
there  made  one  year  afterwards  by  General  Wilkinson  who  was 
clothed  with  the  means  some  handsome  presents  were  made,  and 
will  not  all  this  induce,  Comparison  unfavourable  to  your  Super- 
intendent, who  for  the  interests  of  our  Country,  should  Certainly 
be  in  high  estimation  with  the  red  people? 

One  other  matter  also  at  present  will  I  take  leave  to  introduce, 
and  which  I  have  before  presumed  to  hint  at, —  The  Mississippi 
Territory,  in  case  of  hostility  with  France,  must  probably  be  a 
Theatre  of  War, —  The  Governour  is  commander  in  chief  of  the 
Militia —  The  Commanding  General  of  the  Regular  Troops  may 
not  be  there —  the  officer  in  chief  may  be  a  Colonel,  or  he  may  be 
a  Captain, —  With  Troops  operating  together,  there  should  be 
but  one  head,  and  although  /  might  be  willing  to  sacrifice  almost 
anything  to  the  Nations  Weal,  yet  Military  Pride  and  Tenacity, 
are  not  always  to  be  controuled. — Your  Experience  my  Dear 
Sir,  in  actual  service,  and  extensive  reading  in  those  subjects  so 
very  important  to  a  soldier,  abundantly  inform  you  to  advise,  to 
instruct,  and  I  most  earnestly  solicit  the  same,  as  also  that  you 
would  use  your  influence  for  the  due  legal  Regulation  in  every 
doubtful  case. 


24  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

I  most  ardently  pray  that  a  regular  communication  by  Post 
may  be  established,  between  the  general  Government  and  Nat- 
chez. 

As  a  former  Letter  requesting  blank  Commissions  might  be 
sent,  may  have  miscarried,  I  take  leave  to  request  that  400 
Printed  forms  for  Military  officers,  200  for  Justices  of  the  peace — 
and  400  of  more  general  nature  may  be  struck  off,  and  transmit- 
ted me —  Copies  well  enough  adapted  are  herewith  forwarded, — 
a  Box  of  Stationary  is  also  needed,  and  should  Poyntell  be  di- 
rected to  furnish  the  same,  it  is  desired  it  may  be  agreeably  to 
the  last  Invoice  which  I  gave  him,  and  the  addition  of  two  large 
Blank  Books  for  the  Journal  &c. 

And  now  my  Dear  Sir,  being  about  to  leave  this  Territory  and 
perhaps  forever,  you  will  excuse  my  again  observing  that  unless 
measures  are  speedily  taken  for  removing  intruders,  Govern- 
ment must  eventually  experience  great  loss,  and  misfortune, 
either  by  sacrificing  Lands,  or  from  the  necessity  of  a  great  Mil- 
itary force —  yet  I  believe  it  practicable  to  get  rid  of  them  upon 
an  order  from  the  general  Government, — Governour  St.  Clair 
thinks  otherwise,  and  has  lately  attached  the  Country  West  of 
the  Miami  quite  to  the  Indian  line,  to  Hamilton  County,  not  I 
think  for  good  and  sufficient  reasons,  but  perhaps  he  is  better 
Judge —  I  denied  this  measure,  because  I  believed  it  would  Coun- 
tenance intruders  and  made  some  other  Provision  in  Point,  which 
may  be  seen  in  my  last  communication. 

I  have  the  honour  to  be, 
Dear  Sir 

your  very  humble  servant 

Signed  Winthrop  Sargent. 

The  Honble  Secretary  of  State. 


GOVERNOR  WINTHROP  SARGENT.  25 

To  John  Steele. 

The  Governour  wrote  to  the  Secretary  of  the  Government  of 
the  Mississippi  Territory,  in  answer  to  a  Letter  received  from 
him  as  follows  Viz — 
Sir 

This  evening  of  the  2d  of  July  at  the  foot  of  the  Rapids  of 
the  Ohio,  and  on  my  way  to  the  Mississippi  Territory,  is  the  first 
leizure  moment  I  have  had  to  acknowledge  your  favour.  I  trust 
the  Indian  Treaty1  will  not  long  detain  you  for  it  seems  to  me 
most  Specially  important  at  this  Crisis,  that  every  officer  of  the 
Government  Should  be  at  his  Post. 

As  I  am  not  instructed  I  can  have  no  Communications,  to 
make  unto  you  in  Point  to  the  Negociation  and  will  only  add  that 
it  would  be  highly  gratifying  to  me  to  obtain  pretty  accurate 
information  of  the  Numbers  of  the  Southern  Indians  which  ob- 
ject the  present  occasion  may  afford  you  opportunity  of  coming 
at  in  a  Degree. 
I  am  Sir 

with   Respectful   Consideration, 
your  very  humble  servant 

(Signed)  Winthrop  Sargent 

The  Honble  John  Steele  Secretary  of  the  Mississippi  Territory 
Knoxville. 


Address  to  Inhabitants  of  Mississippi  Territory. 

His  Excellency  the  Governour  was  pleased  to  make  and  and 
to  deliver  at  Natchez,  to  a  large  assemblage  of  the  Inhabitants 
of  the  Territory  the  following  Address  Viz. 

From  the  communications  made  unto  you  at  this  time  you 
will  observe  the  Beneficient  intention  of  congress  to  extend  im- 
mediately to  the  people  of  this  Territory,  the  immunities  and 
blessings  of  their  civil  government,  and  the  provision  for  your 

1  John  Steele  was  a  commissioner  to  negotiate  a  treaty  with  the  Cher- 
okee Indians  at  Knoxville  in  1798. 


26  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

being  admitted  into  the  union  in  equal  sovereignty  and  independ- 
ence with  the  original  States,  so  soon  as  your  population  may  en- 
able you  to  form  and  carry  into  effect,  a  system  for  the  permanent 
government  of  a  country  so  extensive,  and  of  so  much  national 
importance,  as  hereafter  (and  at  no  distant  period)  must  prob- 
ably be  the  Mississippi  Territory. 

For  your  immediate  and  temporary  government  the  honor- 
able Congress  have  been  pleased  to  apply  their  Ordinance  of  1787 
which  experience  in  their  North  western  Territory  has  deter- 
mined is  best  adapted  for  your  happiness  and  the  interests  of 
your  nation. —  so  accommodating  the  same  however  (in  special 
indulgence  to  the  people  of  this  Territory)  that  property  in  slaves 
shall  be  continued  to  the  present  owners,  with  permission  of 
future  importation  from  any  country  not  out  of  the  dominions  of 
the  United  States.  By  this  ordinance  it  is  provided,  that  the 
governor  and  Judges,  shall  adopt  laws  for  your  government,  and 
such  important  duty  it  is  presumed  will  be  no  longer  delayed, 
than  the  arrival  of  another  of  the  Judges. —  a  concise  and  clear 
code  of  laws,  intelligible  to  the  most  common  capacity —  void  of 
partiality  to  sect,  or  class,  and  breathing  that  genuine  spirit  of 
devine  clemency,  which  is  so  honorable  in  legislation,  it  may  rea- 
sonably be  presumed  will  be  the  effect  of  their  labours. —  such 
a  code  would  demand  and  insure  the  fullest  respect  of  all  ranks 
of  men,  and  the  uniform  administration  thereof,  produce  you 
more  than  a  common  share  of  felicity. 

Should  however  at  any  time,  from  a  misconception  of  your 
interests,  or  any  other  cause,  Laws  be  adopted  not  suited  to  your 
circumstances,  I  trust  you  will  find  a  remedy  Within  the  Ter- 
ritory,— but  in  any  event  you  may  repose  in  perfect  security 
upon  the  sovereignty  of  the  united  states —  For  there  (and  it  is 
an  affectionate  proof  of  wise  and  watchful  care)  is  reserved  the 
power  of  disaproving  of  the  laws,  which  may  have  been  adopted 
by  your  governor  and  Judges,  and  upon  this  provision  I  most 
cordially  felicitate  you,  as  it  contributes  in  your  Territorial  Leg- 
islation, the  aid  of  national  wisdom. 


GOVERNOR   WINTHROP   SARGENT.  27 

To  cause  due  execution  of  the  laws  which  shall  be  adopted 
will  specially  be  the  province  of  the  governor — and  I  wish  it  to 
be  therefore  remembered,  that  the  exercise  of  that  clemency 
which,  in  the  Legislature  might  beam  most  effulgent  honor  upon 
his  character,  cannot  be  admitted  in  the  Executive  department, 
but  at  extreme  hazard  to  the  Territory —  For  every  remission 
or  pardon  for  a  violation  of  the  Laws,  is  not  only  a  tacit  reflection 
upon  the  legislature,  but  by  encouraging  a  hope  of  impunity  pro- 
duces and  multiplies  crimes,  extremely  dangerous  to  individuals 
and  government,  and  causes  the  future  acts  of  Justice  to  be 
deemed  oppressive. —  Firmness  and  uniformity  of  character  then 
should  strongly  mark  the  executive,  and  all  persons  commissioned 
to  office  by  the  governor  must  make  it  a  point  of  honor,  by  the 
most  faithful  administration  of  Law  and  Justice  (according  to 
their  respective  duties)  to  second  his  best  endeavours  for  the  pub- 
lic weal. 

All  appointments  within  the  Territory,  not  specially  provided 
for  by  the  ordinance  of  the  honorable  congress,  are  with  the  gov- 
ernor, and  merit  only  can  entitle  a  man  to  office.  Strong  and  evi- 
dent marks  of  attachment  to  the  United  States  and  good  govern- 
ment, a  disposition  to  preserve  the  peace  and  order  of  society, 
and  harmonize  contending  sentiments  (if  such  have  unfortu- 
nately existed)  will  be  held  by  government  in  very  honorable 
estimation,  and  duly  noticed  by  the  executive —  for  this,  and  the 
unremitted  endeavours  of  the  governor  to  promote  your  and  the 
national  interests  and  dignity,  I  am  most  fully  authorized  to 
pledge  myself.  The  important  duties  of  that  office  having  been 
committed  to  me :  I  feel  the  full  force  and  obligation  of  my  trust, 
and  believing  that  upon  the  faithful  discharge  thereof,  must 
very  much  depend  your  future  welfare,  I  am  not  without  the 
most  anxious  and  tender  colicitude — relying  however  upon  your 
established  reputation  for  good  sense  and  cultivated  minds —  that 
the  due  estimation  of  so  ample  enjoyment  of  the  elegancies,  and 
refined  pleasures  of  social  life;  and  which  can  only  be  continued 
under  a  government  duely  appreciating  Individual,  as  well  as 


28  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

national  rights,  will  powerfully  aid  the  most  Zealous  exertions  on 
my  part,  I  enter  upon  my  duties  with  cheerfulness —  Fervently 
supplicating  the  agust  author  of  our  being,  so  to  enable  me  at 
all  times  to  administer  my  various  functions,  as  shall  best  merit 
the  continuance  of  confidence  from  the  sovereignty  of  the  United 
States,  and  be  most  conducive  to  your  happiness. 

Imperious  circumstances  will  demand  that  I  should  lose  no 
time  to  array,  in  a  well  appointed  and  well  ordered  militia,  the 
effective  force  of  the  Mississippi  Territory,  and  I  postpone  the 
same  only  for  due  information  of  characters  suitable  to  commis- 
sion, and  your  probable  strength —  the  first  I  hope  speedily  to 
obtain  from  an  acquaintance  with  you,  which  it  will  be  much  my 
pleasure  to  cultivate —  and  of  those  best  informed  of  the  military 
regulations  heretofore  in  observance,  I  have  to  request  such  com- 
munications as  may  enable  me  to  determine  with  as  much  accu- 
racy as  possible,  the  number  of  men  enrolled  in  the  militia  here- 
tofore, with  the  state  of  their  arms  and  accoutrements,  I  shall 
as  soon  as  possible  devide  the  Territory  into  districts,  and  make 
the  appointments  of  magistrates  and  other  officers  necessary  to 
the  execution  of  process,  civil  and  criminal,  and  the  preservation 
of  the  quiet  and  good  order  so  essential  to  the  very  being  of  so- 
ciety. 

I  am  aware  however  that  in  the  meantime  insidious  attempts 
of  nefarious  men  might  for  a  moment  disturb  your  repose — 
Indeed  the  anxieties  of  some  amongst  you  thereupon  have  been 
suggested  to  me,  but  fear  not,  our  ability  is  proportioned  to  the 
occasion,  and  the  arm  of  the  United  States  is  mighty. 

As  good  citizens  void  of  Jealousy  of  each  other  and  emulous 
of  public  good,  you  will  keep  your  eye  on  the  men  of  no  country 
whose  pursuits  here  (under  the  most  favorable  construction 
thereof)  are  quite  problematical,  and  whose  smallest  interference 
with  your  police,  must  be  considered  as  vile  usurpation  any  kind 
of  disrespect  upon  their  'part,  to  the  general  or  Territorial  gov- 
ernment, will  naturally  lead  you  to  suspect  them  as  foes  to  our 


GOVERNOR  WINTHROP  SARGENT.  29 

peace  and  quiet,  and  the  most  prompt  and  energetic  measures 
should  follow  the  first  notice  of  their  characters. 

(Signed)  Winthrop  Sargent. 

Note. 

This  address  made  at  natchez  august  18th  1798  to  a  con- 
siderable collection  of  the  Inhabitants  of  the  Territory  and  im- 
mediately after  the  publication  of  the  act,  and  ordinance  of  con- 
gress for  the  Government  of  the  Mississippi  Territory. 


To  Captain  Isaac  Guion.1 

His  Excellency  the  Governor  was  pleased  to  make  the  follow- 
ing order  for  the  apprehending  of  Zachariah  Cox  Viz. 

Concord  house  near  Natchez  Mississippi  Territory  august 
18th  1798 
Sir 

I  have  to  request  that  you  cause  Zachariah  Cox2  said  to  be  in 
the  town  of  Natchez,  to  be  immediately  apprehended  and  held  in 
close  custody  in  the  fort  under  your  command,  until  you  may  re- 
ceive further  instructions  in  the  case  from  me,  or  he  shall  be 
liberated  by  the  sovereign  authority  of  the  United  States,  for  all 
which  this  shall  be  your  sufficient  warrant. 

Given  under  my  hand  and  seal  the  day  and  place  before  men- 
tioned. 

(Signed)   Winthrop  Sargent. 

Mr.  Cox  may  receive  provisions  for  his  use  from  the  public — 
but  he  can  have  no  attendant  in  whom  you  have  not  the  fullest 
confidence,  and  communication  to,  and  from  him,  must  be  through 
the  medium  of  a  commissioned  officer 

Captain  Commandant  Guion 

1  The  officer  in  command  of  United  States  troops  at  Natchez,  native  of 
New  York,  soldier  of  the  Revolution,  father  of  Judge  John  I.  Guion. 

2  A  member  of  the  "Tennessee  Land  Co."  who  came  to  Natchez  with  a 
party  of  armed  men. 


30  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Timothy  Pickering. 

Concord  House  near  Natchez1 
Mississippi  Territory  20th  august  1798 
My  Dear  Sir 

Leaving  the  northwestern  Territory  as  I  did  very  much  in- 
disposed, and  exposed  on  my  way  here,  to  all  the  111  effects  of  a 
vertical  sun,  the  consequence  had  well  near  been  fatal  to  myself — 
I  was  detained  at  Massac  a  few  days,  where  I  recovered  a  little, 
but  Judging  it  to  be  of  great  importance  I  should  make  no  delay, 
I  so  hastened  my  departure,  that  a  relapse  almost  unto  death  was 
the  consequence,  and  for  a  considerable  time  after  arrival  here, 
my  life  was  despaired  of —  so  soon  however  as  I  was  able  to 
ride  out,  I  caused  the  acts  for  the  government  of  the  Territory 
to  be  formally  published,  and  made  an  address  unto  the  people, 
of  which  I  enclose  you  a  copy —  to  the  same  I  expect  a  response 
in  due  order,  of  which  you  will  be  noticed  as  early  as  possible, 
and  in  the  meantime  I  believe  I  may  venture  to  assure  you,  that 
my  communications  have  been  highly  satisfactory,  and  to  render 
the  new  government  generally  acceptable. 

My  health  is  so  much  better  that  I  venture  abroad  every  day, 
and  am  obtaining  such  knowledge  of  the  Inhabitants,  as  may 
best  enable  me  to  make  the  necessary  appointments  within  the 
government.  My  great  source  of  uneasiness  is  the  want  of  the 
Judges —  I  pray  God  Mr.  McGuire  may  soon  arrive,  or  some  law 
character —  In  a  court  from  which  is  no  appeal,  most  certainly 
there  should  be  law  knowledge  —  Judge  Bruin2  a  worthy  and 
sensible  man,  is  beyond  doubt  deficient,  and  Judge  Tilton  can- 
not have  had  more  reading  or  experience,  under  these  circum- 
stances might  it  not  be  advisable  to  make  compensation  to  some 
gentleman  learned  in  the  law,  to  reside  here  as  an  attorney  for 
the  United  States,  and  Territory? 

1  The  old  home  of  the  Spanish  Governors.  Gov.  Sargent  was  carried 
there  during  a  severe  illness.     The  building  was  burned  in  1900. 

2  Peter  Bryan  Bruin  was  appointed  one  of  the  judges  of  Mississippi 
Territory  May  7,  1798.     He  was  the  only  resident  member  of  the  Court. 


GOVERNOR  WINTHROP   SARGENT.  31 

For  the  absence  of  the  secretary,  though  I  devoutly  wish  him 
here,  I  have  not  so  much  cause  for  regret,  for  you  know  I  am 
habituated  to  the  Joint  service  and  perplexities  of  two  offices,  but 
every  moment  I  am  teazed  by  applications,  which  should  be  made 
to  inferior  magistrates  but  which  cannot  be  rejected  without  fear 
of  exciting  disgust  at  government,  and  of  course  subjected  to 
unremitted  labour  to  which  in  full  health  I  should  be  unequal  and 
which  at  present  is  really  distressing. 

To  one  act  I  have  been  constrained  since  my  arrival,  which 
will  be  explained  to  you  fully  by  the  inclosures  marked  A  B  C  D 
E  &c  upon  which  I  request  immediate  instruction. 

Mr.  Cox  was  at  large  within  the  Territory  and  an  armed 
party  at  his  command,  before  my  arrival  his  coming  was  talked 
of  amongst  some  few  disaffected  persons  here,  and  that  he  was  to 
assume  the  government  for  the  state  of  Georgia  —  He  is  now  in 
close  confinement,  but  with  every  indulgence  that  a  state  prisoner 
should  expect,  for  I  am  not  disposed  to  torture  even  a  criminal; 
I  wish  ardently  for  the  President's  Instruction  in  this  business, 
as  early  as  possible,  for  until  I  may  receive  it,  Mr.  Cox  will  be 
continued  a  prisoner. 

I  had  the  honor  to  receive  your  favor  of  the  29th  June  yes- 
terday in  which  though  you  mention  to  me  the  seals,  you  say 
nothing  of  stationary  and  blank  commissions,  which  are  abso- 
lutely necessary,  and  of  which  I  inclosed  you  forms. — one  seal 
for  each  county  shall  suffice  for  the  present,  whether  the  county 
offices  wanting  seals,  be  in  the  same  person  or  not,  and  I  wish  you 
to  have  two,  one  of  them  inscribed  with  the  name  of  "Adams" 
and  the  other  "pickering."1 

We  have  no  printing  office  in  this  country,  we  are  remote 
from  all  others,  and  under  such  circumstances,  I  shall  find  it 
impracticable  to  diffuse  a  knowledge  of  the  laws,  and  other  useful 
matter  without  the  aid  of  government, —  a  small  Travelling  press 
sufficient  for  half  a  sheet  of  post  paper,  which  would  give  four 

1  The  first  two  counties  formed  in  the  Mississippi  Territory  were  named 
in  honor  of  President  Adams  and  Secretary  Pickering. 


32  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

pages,  would  be  a  blessing  to  the  people  of  the  Territory,  and  I 
would  myself  contrive  to  manage  it  if  we  may  through  your  good- 
ness be  indulged. 

I  am  well  pleased  that  the  secretary  of  war  is  to  be  consulted 
relative  to  the  powers  of  Colo  Hawkins  and  myself  in  the  Indian 
department  and  am  not  over  anxious  for  a  very  extensive  field 
to  act  in, — But  whatever  shall  be  my  duties,  I  will  perform  and 
shall  admit  of  no  interference. 

The  Governor  of  the  northwestern  Territory  has,  as  superin- 
tendant  of  Indian  affairs,  been  a  mere  Cypher —  Military  subal- 
tern officers  not  unf  requently  have  exercised  all  his  powers ;  have 
had  their  talks,  and  been  entrusted  with  the  Indian  presents, 
without  consulting  or  paying  the  smallest  regard  to  him  thereby 
depriving  him  of  almost  all  his  consequence,  though  as  the  legiti- 
mate agent,  all  responsibility  was  his  —  I  trust  such  conduct  may 
not  be  attempted  to  be  practiced  upon  me,  for  without  the  presi- 
dents express  mandate  in  point,  I  shall  not  submit  to  it. 

At  this  place  the  chactaw  Indians  frequently  visit  they  are 
sometimes  troublesome  to  the  Inhabitants  by  killing  their  cattle 
&c  to  which  as  scattered  over  a  Considerable  Country,  they  must 
be  more  or  less  always  exposed —  when  visiting  it  perhaps  it 
might  be  well  to  endeavour  to  keep  them  in  good  humour,  by  a 
little  Bread,  Beef,  and  liquor,  and  some  trifling  presents,  for 
which  I  request  immediate  provision,  and  such  instructions  as 
may  be  deemed  proper ;  I  cannot  make  advances  myself —  my  own 
expences  will  be  greater  than  I  had  an  Idea  of — living  is  dearer 
than  I  had  expected,  and  even  house  rent,  I  find  is  estimated  at 
800  Dollars  per  year. 

I  wish  you  would  oblige  me  by  transmitting  such  of  the  prints 
as  may  inform  me  of  public  transactions,  at  home  and  abroad,  in 
which  our  country  is  implicated. 

I  have  the  honor  to  be  with  most  respectful  esteem 
your  most  obedient  humble  servant 

(Signed)   Winthrop  Sargent. 

The  Honble  secretary  of  State. 


GOVERNOR   WINTHROP   SARGENT.  33 

P.  S.  poor  Williamson  is  dead,  if  he  had  lived  I  suspect  he 
would  have  given  me  some  uneasiness  by  attempting  to  convey 
and  settle  Georgia  lands.  I  very  much  want  information  upon 
this  subject. —  I  beg  you  to  take  an  opportunity  to  ask  the  Presi- 
dent permission  for  my  visiting  the  atlantic  states,  in  the  next 
summer.  If  I  shall  have  organized  this  government. — I  wish  to 
go  by  way  of  Orleans  for  my  health  and  the  adjustment  of  im- 
portant family  concerns. 


To  Samuel  Mitchell,  Agent  to  Choctaw  Indians. 

Natchez  septemr.  3d  1798 
Sir 

As  you  received  your  appointment  from  Colonel  Hawkins  who 
is  a  gentleman  of  great  respectability,  and  supposed  to  have  mucii 
Influence  with  the  Indian  nations  generally  and  as  I  have  not  yet 
been  instructed,  with  regard  to  agents  to  particular  Tribes,  I 
deem  it  advisable  that  you  should  communicate  to  him,  if  by  any 
means  practicable —  if  not  in  events  of  moment,  immediately  to 
the  secratary  of  war,  at  the  same  time  transmitting  me  dupli- 
cates of  every  intelligence,  in  which  the  safety  or  interests,  of  the 
Mississippi  Territory  are  implicated. 

It  is  material  that  I  should  understand  the  nature  of  your 
appointment,  and  instructions,  if  the  same  can  with  propriety  be 
committed  to  paper;  but  it  appears  to  me,  that  you  should  not 
now  leave  the  Indian  country —  the  Idea  suggested  concerning 
the  chactaws  and  creeks,  seems  a  good  one  but  must  be  managed 
with  great  address. 

By  whose  order  have  you  heretofore  communicated  with  the 
military  commander  at  this  post?  —  who  is  the  Spanish  chief 
called  the  long  king?  By  what  authority  is  Garland  a  trader — 
are  the  Indians  attached  to  him,  and  would  it  be  practicable  and 
politic  to  make  him  a  prisoner,  and  send  him  to  this  post? 

What  authorities  have  you  to  believe,  that  the  Spaniards  en- 
courage Horse  stealing  and  robberies  upon  the  natchez  path? 


34  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

such  should  be  given  unto  me,  in  order  to  found  the  due  repre- 
sentation to  governor  Gayoso,  and  statements  to  the  general  Gov- 
ernment. I  need  not  observe  upon  the  necessity  of  conciliating 
all  the  Indians  to  the  United  States  — whatever  is  proper  will  be 
done  upon  the  part  of  the  general  Government,  to  whom  I  have 
transmitted  a  copy  of  your  letter. —  Leaving  the  northwestern 
Territory  at  short  notice,  I  am  not  supplied  with  money  for  con- 
tingent or  any  purposes,  but  this  matter  I  trust  will  soon  be  put 
right.  It  is  very  desirable  to  me,  and  an  object  of  national  im- 
portance, that  I  should  possess  correct  information,  of  the  popu- 
lation of  the  Indians,  in  this  southern  department,  particularly 
specifying  warriors,  and  distinguishing  them  from  old  men  and 
boys,  women  and  children,  and  how  situated  their  means  of 
offence  and  defence  &c  &c  so  far  as  your  own  knowledge  extends, 
or  that  you  can  obtain  correct  information,  I  hope  to  be  gratified. 

It  will  be  well  I  think  to  be  very  sparing  of  passports  for 
Indians  to  visit  white  people,  and  to  confine  them  to  chiefs  and 
men  of  real  consequence  amongst  the  tribes,  for  the  less  we  mix, 
the  better  prospect  of  harmony. —  Horse  stealing,  robberies,  and 
murders,  may  in  some  measure  thereby  be  avoided,  and  our 
friendship  of  course,  longer  continued. 

It  may  not  be  amiss  to  let  the  Indians  know,  that  for  depre- 
dations upon  the  property  of  white  people,  reparation  will  be  de- 
manded from  the  nation  of  the  offender,  and  in  case  not  made, 
a  deduction  take  place  from  the  presents  intended  them  by  the 
United  States. —  The  strictest  justice  to  them  will  always  be  ob- 
served on  our  part.  I  am  told  by  some  of  the  military  gentlemen, 
that  it  is  a  practice  with  the  Indians  (coming  in  by  permission) 
to  visit  not  only  Nogales,  but  Natchez  also,  and  to  receive  pres- 
ents at  both;  the  provision  made  by  government  not  admitting  of 
profusion,  it  will  be  well  to  guard  against  this,  so  that  the  dis- 
tribution may  be  as  equal  as  possible. 


GOVERNOR  WINTHROP   SARGENT.  35 

Your  courier  shall  be  satisfied  agreeably  to  request,  and  I 
have  nothing  further  to  add,  but  that  none  of  your  communica- 
tions to  Captain  Guion  have  yet  been  made  known  unto  me. 

I  am  sir 

with  due  consideration 

your  obedient 

(Signed)  Winthrop  Sargent 
Mr.  Samuel  Mitchell  agent  to  the  Chactaws  &c 


To  Judge  Peter  Bryan  Bruin. 

Concord  House  near  Natchez  5th  September  1798 
Dear  Sir 

The  enclosed  letter  so  strongly  marked  by  ignorance,  as  well 
as  impertinence,  is  transmitted  to  your  honor  that  you  may  know 
the  writer,  his  attachments  and  connexion  with  the  Mr.  Cox 
whom  I  have  thought  proper  to  order  in  confinement  for  such 
misdemeanors  as  I  have  indicated  the  most  treasonable  intentions 
toward  the  United  States,  all  which  I  have  made  you  fully  ac- 
quainted with. 

I  believe  it  material  to  the  Interests  of  our  nation,  that  he 
should  be  immediately  apprehended  and  constrained  to  give  se- 
curity, that  he  will  not  by  word  or  deed  endeavour  to  disturb 
the  peace  and  quiet  of  the  general  or  Territorial  governments,  or 
any  of  the  citizens  thereof —  and  if  it  shall  appear  (as  I  presume 
it  will)  that  he  has  been  one  of  Mr.  Cox's  captains,  that  he  be 
held  to  answer  at  the  supreme  Tribunal  of  this  Territory,  or  the 
general  government,  as  may  be  hereafter  directed,  for  aiding 
and  abetting  the  Mr.  Cox  before  mentioned,  to  contravene  the 
laws  of  the  land,  or  otherwise  be  dealt  with,  as  in  your  Judgment 
may  be  deemed  best. 

With  respectful  esteem  I  am 

my  dear  sir 
your  obedient  Humble  servant 

(Signed)  Winthrop  Sargent. 
The  Honble  Judge  Bruin. 


36  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Order  for  Regulation  of  Militia. 

His  Excellency  Winthrop  Sargent  Esquire  the  Governor  and 
commander  in  chief  of  the  Militia  of  the  "Mississippi  Territory" 
has  thought  proper  to  make  and  publish  the  following  order  for 
establishing  and  regulating  the  Militia  within  the  same. 

All  free  male  Inhabitants  between  the  age  of  sixteen  and  fifty 
(the  officers  of  civil  Government  and  appointed  by  the  president 
and  senate  of  the  United  States,  or  Commissioned  by  the  gov- 
ernor, ministers  of  religious  societies,  that  are,  or  may  be  estab- 
lished, and  regular  educated  practicing  physicians  only  except- 
ed) shall  be  liable  to,  and  perform  Military  duty,  and  be  equally 
divided  into  Corps  of  horse  and  foot,  and  formed  in  the  following 
manner.  Sixty  four  rank  and  file  shall  form  a  company  of  In- 
fantry, Rifle  men,  or  a  Troop  of  horse. 

To  each  company  of  Infantry,  or  rifle  men  there  shall  be  ap- 
pointed a  Captain,  Lieutenant  and  Ensign,  four  sergeants,  four 
corporals,  a  drummer  and  fifer. 

To  a  Troop  of  Horse,  one  Captain,  one  Lieutenant  one  Cornet 
Four  Sergeants,  four  Corporals  and  a  Trumpeter. 

The  whole  militia  of  the  Territory  will  for  the  present  be 
formed  into  two  Legions,  and  to  bear  the  names  of  the  districts 
or  counties,  to  which  they  shall  respectively  appertain,  so  soon  as 
such  shall  be  erected  and  laid  off. 

A  Lieutenant  Colonel  will  command  each  Legion,  and  a  due 
East  line  from  the  confluence  of  fairchilds  Creek  with  the 
Mississippi  will  be  received  for  the  present  division  of  the  Militia. 
There  shall  be  Legonary  adjutants  and  quarter  masters,  and  pro- 
vided a  Legion  is  equal  to  four  companies,  two  majors  will  be  ap- 
pointed ;  one  to  the  Horse,  and  the  other  to  command  the  Infan- 
try. A  sword  of  straight  Blade  (if  such  could  be  procured)  and 
one  pistol,  are  to  be  the  arms  of  a  horseman, —  A  short  Carabine 
with  a  long  Bayonet  by  enabling  him  to  fight  on  foot  as  well  as 
on  horse  back,  would  render  him  much  more  useful  to  his  Coun- 
try, but  from  the  great  difficulty  of  procuring  such  within  the 


GOVERNOR  WINTHROP   SARGENT.  37 

Territory,  they  will  not  for  the  present  be  demanded.  Each 
Trooper  must  furnish  himself  with  twelve  rounds  of  cartridges 
three  flints,  a  priming  wire,  and  small  portmanteau.  The  Infan- 
try are  to  be  armed  and  accoutred,  with  Muskets  and  Bayonets, 
Cartridge  Boxes,  thirty  rounds  of  cartridges  six  flints  priming 
wires,  and  brushes,  and  knapsacks. 

The  rifle  men  with  good  rifles,  and  Tomahawks,  powder  horns 
and  Bullet  pouches,  six  flints,  one  pound  of  powder  and  four 
pounds  of  Bullets,  priming  wires  and  brushes,  and  knapsacks. 
And  every  person  enrolled  in  the  militia,  who  shall  be  found  de- 
ficient upon  a  muster  day,  in  the  arms,  ammunition,  and  accou- 
trements, or  any  of  them,  herein  before  ordered  to  be  furnished 
shall  after  a  reasonable  time  given  to  enable  him  to  procure 
the  same,  at  each  and  every  time  of  default  be  fined  in  the  sum  of 
fifty  cents. 

The  officers  to  be  armed  and  accoutred  as  the  privates  with 
the  addition  only  of  swords  for  the  Infantry. —  The  less  ammuni- 
tion they  may  have  the  better,  for  in  actual  service,  it  is  to  be  sup- 
posed that  the  due  attention  to  their  men  would  afford  them  but 
little  time  for  the  use  of  fire  arms. 

Upon  the  first  Saturday  of  each  and  every  month  and  in  the 
afternoon  thereof,  officers  commanding  companies  are  to  assem- 
ble and  parade  their  men  at  such  places  as  they  may  deem  best 
adapted  for  their  general  convenience,  and  then  diligently  ex- 
ercise them  for  the  space  of  two  Hours,  in  marching,  wheeling, 
firing  with  good  aim,  and  the  adroit  use  of  the  Bayonet  for  the 
Infantry.  The  commandants  of  Legions,  will  take  care  that  the 
exercises  of  the  companies  are  uniform,  and  the  printed  "regu- 
lations for  the  order  and  disciplining  of  the  Troops  of  the  United 
States,"  are  to  be  received  as  their  general  guide. 

They  will  be  pleased  to  name  four  field  days  in  each  and  every 
year,  upon  which  their  respective  commands,  that  can  with  any 
convenience  be  assembled,  must  be  exercised  as  Legionary  corps, 
and  such  days  be  reported  to  the  governor,  he  will  endeavour  to 
have  the  honor  of  reviewing  them. 


38  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

If  any  person  enrolled  in  the  militia,  shall  refuse  or  neglect  to 
appear,  upon  the  regular  stated  muster,  or  field  days,  or  shall  re- 
fuse to  do  his  duty  when  appearing,  he  shall  be  fined  in  the  sum 
of  one  dollar  for  each  default,  except  in  case  of  absence,  and  when 
he  shall  render  a  sufficient  excuse  to  his  Captain. 

All  fines  are  to  be  collected  by  a  warrant  of  distress  from  the 
captain  or  senior  officer  of  a  company,  directed  to  either  of  the 
sergeants,  who  may  levy  upon  the  goods  or  chatties  of  the  de- 
faulter, and  after  advertising  the  same  for  five  days,  if  the  fine 
be  not  then  paid,  such  sergeant  shall  proceed  to  sell  at  public  ven- 
due to  the  highest  bidder,  so  much  of  the  effects,  as  will  answer 
the  fine  and  one  dollar  for  his  own  use, — returning  the  overplus 
if  any  there  be,  to  the  party  who  owned  the  property  so  dis- 
trained. And  the  fine  levied  shall  by  the  officer  from  whom  the 
warrant  Issued,  be  paid  into  the  county  Treasury  and  appropri- 
ated to  the  use  of  the  Legions. 

Upon  any  invasion  of  this  Territory  or  appearance  thereof  or 
domestic  disturbances,  that  shall  in  the  opinion  of  a  magistrate 
demand  the  aid  of  the  militia;  the  commanding  officers  of  coun- 
ties, and  even  of  smaller  districts,  are  authorized  to  make  such 
detachments  as  they  may  deem  the  public  exegencies  to  require. 
— And  in  case  of  refusal  to  appear,  and  perform  duty  under  such 
authority,  or  disobedience,  or  neglect  of  orders  in  time  of  service, 
the  defaulter  shall  be  deemed  guilty  of  cowardice,  and  be  tried 
and  sentenced  by  a  court  martial. 

All  officers  are  according  to  their  respective  duties  to  be 
attentive  to  the  forming,  disciplining,  parading  and  commanding 
their  men,  and  to  the  orders  which  may  be  given  from  time  to 
time,  by  the  Commander  in  Chief  or  other  their  superior  officers. 
If  any  officer  shall  neglect  his  duty,  or  violate  any  of  the  rules  and 
regulations  now,  or  hereafter  to  be  made  for  the  government  of 
the  militia,  he  shall  be  heard  tried  and  sentenced  by  a  court 
martial. 

Courts  martial  may  be  appointed  by  the  commander  in  chief, 
or  the  commandants  of  Legions,  but  the  commander  in  chief  re- 


GOVERNOR  WINTHROP   SARGENT.  39 

serves  to  himself  the  power  of  approving  and  carrying  into  effect, 
sentences  of  courts  martial,  whereby  the  punishment  shall  be 
capital  or  an  officer  cashiered. 

The  free  male  Inhabitants  above  the  age  of  fifty,  are  to  arm 
and  accoutre  themselves  either  as  the  cavalry,  infantry,  or  rifle- 
men (at  their  own  option)  but  they  shall  not  be  liable  to  military 
service,  except  in  cases  of  actual  invasion,  and  under  the  imme- 
diate direction  of  the  commander  in  chief. 

The  following  named  gentlemen  are  appointed  officers  of  the 
militia,  and  are  to  be  obeyed  and  respected  accordingly. —  Their 
commissions  will  be  made  out  as  soon  as  possible,  and  delivered 
unto  them  by  the  commander  in  chief  or  the  commandants  of 
Legions. 

Upper  or  Northern  District — 

Lieutenant  Colonel,  Cato  West  Esquire, 

Major  of  Horse  Naseworthy  Hunter  Esquire, 

Major  of  Foot  John  Girault  Esquire. 

Thomas  Green,  Richard  Harrison,  and 

Thomas  Calvit,  Captains  of  Horse. 

James  Truly,  Jesse  Harper,  and  George  W. 

Humphreys,  Lieutenants  of  Horse. 

George  Sulzer,  Lacy  Rumsey  and  James  Spann,  Cornets. 

Roger  Dixon,  Tobias  Brashears,  and  Arthur  Carney, 

Captains  of  foot. 

John  Brooks,  James  Mclntyre  and  Gibson  Clark, 
Lieutenants. 

William  Smith,  James  Davenport,  and  Eden  Brashears, 
Ensigns. 

James  Mclntyre,  Adjutant. 

Lower  or  southern  Distract. 
Lieutenant  Colonel 

Majors  Benaih  Ozman  Esquire  of  Horse, 

Sutton  Bankes  Esquire  of  foot. 

Benjamin  Farrar,  William  Moore  and  David  Ferguson, 

Captains  of  Horse. 


40  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Lieutenants,  William  Mcintosh,  George  Cochran,  and 
John  Minor. 

Cornets  John  Lintot,  Hampton  White,  and  Charles  Surget. 
Captains  of  foot,  John  Ellis,  Adam  Bingaman,  and 
Joseph  Calvit. 

Lieutenants  Abraham  Ellis,  Daniel  Grafton,  and  Philan- 
der Smith. 
Ensigns  John  Wall,  Samuel  Hutchins,  and 
William  Dunbar  Junr. 
John  Wall  adjutant. 
To  the  Military  Characters  in  this  List  of  appointments  the 
governor  has  given  the  highest  possible  proof  of  confidence — and 
which  he  persuades  himself  can  in  no  event  ever  be  abused  or 
betrayed.      Immediate  attention  on  their  part,  to  enroll  the 
militia  without  Delay,  is  expected  and  required. — For  to  pre- 
serve the  inestimable  blessings  of  peace,  it  is  absolutely  neces- 
sary that  a  people  be  prepared  for  war. — In  all  the  old  states,  the 
inhabitants  are  organized  into  compleat  corps,  well  ordered  and 
appointed,  and  perhaps,  only  to  be  equalled  by  the  best  militia 
in  the  world. — From  them  have  been  selected  a  choice  corps  of 
Eighty  Thousand  men,  to  operate  at  the  shortest  notice,  as  occa- 
sion may  require,  in  any  the  most  remote  dominions  of  the  United 
States.     To  their  northwestern  Territory  also,  the  enthusiasm  of 
military  ardour,  and  national  principal  have  extended —  and  they 
need  but  the  occasion  to  demonstrate  their  patriotism  and  sig- 
nalize their  prowess  as  soldiers. 

It  will  be  with  the  most  singular  satisfaction,  that  the  gov- 
ernor shall  have  it  in  his  power,  to  report  to  the  sovereignty  of 
the  United  States,  that  upon  this  western  confine  of  their  pos- 
sessions prevails  the  most  laudable  spirit  of  emulation. 

Given  at  my  quarters,  Concord  house  near  Natchez  in  the 
Mississippi  Territory  September  the  8th  anno  domini  1798,  and 
of  the  Independence  of  the  United  States,  the  twenty  Third. 

(Signed)    Winthrop  Sargent. 


GOVERNOR  WINTHROP  SARGENT.  41 

To  the  Commanding  and  Field  Officers  of  Militia. 

His  Excellency  the  Governor  thought  proper  to  write  the 
following  Letter  to  the  Commanding  and  field  Officers  of  the 
Militia,  enclosing  the  order  for  the  Regulation  thereof,  bearing 

date  September  8th  1798. 

September  8th  1798 
Sir, 

Upon  the  Commanding  and  field  officers  of  Corps  depends  in 
very  great  Measure,  the  well  ordering  of  Militia.  I  rely  upon 
your  zeal  that  there  be  no  delay,  in  the  discharge  of  the  import- 
ant duties  entrusted  to  your  Execution. —  I  am  anxious  in  the 
extreme,  that  the  Legions  should  be  immediately  enrolled;  For 
respectability  amongst  our  white  and  red  Neighbours,  will  there- 
by be  increased.  The  safety  and  well  being  of  every  individual 
of  society,  demand  your  energy  in  the  present  Moment.  Let  the 
men  be  so  arranged  under  the  officers,  as  shall  best  promote 
mutual  Convenience  and  Cordiality.  And  I  conjure  you  to  use 
your  best  endeavors  upon  all  occasions,  to  Conciliate  and  promote 
Laudible  Harmony. 

It  is  a  Military  rule  that  Non-commissioned  Officers  (with 
the  Approbation  of  Commandants  of  Corps)  should  be  appointed 
by  Captains: — and  I  would  recommend  a  Method  free  of  ex- 
pense that  has  been  fallen  upon  in  the  United  States  to  Uniform 
Militia  officers  when  new  clothing  themselves,  have  determined 
on  Colour  and  fashion —  They  have  considered  their  Uniforms 
the  highest  dress,  and  the  privates  following  their  example  have 
accomplished  an  object,  which  every  soldier  must  feel  is  not  un- 
important. 

I  have  the  honor  to  be 
Sir 
your  humble  servant 

(Signed)  Winthrop  Sargent. 
.  P.  S.    I  should  recommend  Blue  and  Buff  as  an  Uniform  for 
the  Territory. 

To  the  Commanding  and  Field  officers.     (Circular) 


42  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Information  to  the  Inhabitants  of  the  Mississippi  Territory. 

The  Governor  had  intended  to  postpone  all  Civil  appointments 
within  the  Territory,  until  by  the  presence  of  a  Majority  of  the 
Judges,  he  should  have  had  it  in  his  power,  Completely  to  Or- 
ganize this  new  government,  and  make  the  Execution  of  Process, 
Criminal  and  Civil  easy  and  perfectly  intelligible;  —  but  this 
unexpected  delay,  and  the  many  Misdemeanors  which  are  Com- 
plained of,  and  for  the  Remedy  of  which  the  whole  attention  of 
the  Judge  present  seems  inadequate,  has  induced  him  to  make 

,  the  following  appointments  so  disposed  (according 

to  the  best  information  which  he  has  been  able  to  obtain)  as 
will  most  promote  the  peace  and  good  order  of  Society  in  the 
different  Settlements,  and  which  are  to  be  Considered,  as  merely 
Temporary  for  so  soon  as  the  powers,  and  duties  of  Justices 
Shall  be  defined  by  Law,  Such  will  be  appointed  and  Commis- 
sioned. 

Daniel  Clark,  William  Dunbar,  Isaac  Gaillaird,  John  Ellis, 
James  Mcintosh,  and  Joseph  Calvet  Esquires,  Conservators  of 
the  peace. — Lewis  Evans  Sheriff  for  a  District  of  the  Missis- 
sippi Territory,  from  the  Southern  or  lower  boundary  thereof, 
to  and  including  all  the  Country  between  the  same  and  a  due 
East  line,  from  the  mouth  of  fare  Childs  Creek,  to  the  river 
Chatahouchee,  which  is  the  Eastern  Boundary  of  said  Terri- 
tory. 

Cato  West,  Samuel  Gibson,  and  Tobias  Brashears  Esquires, 
also  Conservators  of  the  peace,  and  William  Ferguson  Sheriff  for 
the  District  of  the  Territory,  which  is  Bounded  upon  the  South, 
by  the  District  before  described,  by  the  Territorial  Boundary 
upon  the  East,  upon  the  North  by  a  due  East  line  from  the 
mouth  of  the  Yasous,  to  the  Territorial  Boundary,  and  by  the 
River  Mississippi  upon  the  West. 

The  before  named  Conservators  of  the  peace  thus  appointed, 
are  Jointly  and  severally,  authorized  and  required,  to  keep  and 
preserve  the  peace — To  Suppress  all  riots  and  affrays,  and  to 


GOVERNOR  WINTHROP  SARGENT.  43 

take  notice  of  all  Treasonable  or  Seditious  Language,  and  Com- 
mit the  Authors,  unless  they  shall  give  Security  for  future  good 
Conduct  and  to  answer  for  their  crimes,  at  the  first  Session  of 
a  Court  of  general  Quarter  Sessions  of  the  peace,  which  shall  be 
holden  in  the  District  where  the  offence  may  have  been  Com- 
mitted. Any  two  of  the  Conservators  of  the  peace,  shall  within 
their  proper  Districts,  be  Competent  to  hear  Complaints  of  felo- 
nies, and  upon  Testimony  of  two  Creditable  Witnesses,  that  a 
Complaint  is  well  founded,  may  issue  a  precept  directed  to  the 
Sheriff,  to  apprehend  the  Felon  and  him  Commit  to  close  Con- 
finement to  answer  for  his  crime,  before  the  Supreme  Court  of 
the  Territory  next  to  be  holden  after  such  Commitment,  within 
the  Said  District.  Two  more  of  the  Conservators  of  the  peace 
may  appoint  to  act  as  Constable  in  their  Districts,  such  and  so 
many  discreet  men  as  they  may  deem  necessary. —  and  it  shall 
be  the  duty  of  the  Constables  so  appointed  to  Execute  the  pre- 
cepts of  Single  Conservators  of  the  peace,  which  shall  be  unto 
him  severally  directed. 

The  Sheriff  also  will  consider  it  his  indispensible  duty,  to 
Quell  all  riots  and  affrays,  and  to  Commit  to  prison  (ex  officio) 
when  the  same  shall  happen  in  his  view,  all  concerned  therein, 
unless  they  give  security  for  their  future  good  behaviour  and  the 
peace,  as  well  as  to  answer  for  Crimes  so  Committed  before  the 
proper  Tribunal. —  He  may  Command  to  his  aid,  Such  part  of  the 
Posse  Commitatus,  in  the  Execution  of  his  duty,  as  he  shall 
deem  necessary,  and  such  summons  every  male  inhabitant  above 
the  age  of  Sixteen  years,  and  not  immediately  in  Civil  Commis- 
sion, is  bound  to  obey,  under  pain  of  fine  and  imprisonment.  — 
He  shall  receive  and  keep  in  close  Custody,  all  persons  Commit- 
ted to  him  by  the  Supreme  Judges,  or,  the  other  Conservators 
of  the  peace,  and  for  the  faithful  discharge  of  his  duties,  he 
shall  give  Bonds  to  the  Governour  and  his  successor  in  office,  in 
the  penal  sum  of  four  thousand  Dollars. 

Conservators  of  the  peace,  Sheriffs,  and  Constables,  may  take 
such  fees  for  their  services,  as  have  been  allowed  in  the  Ter- 


44  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ritory  of  the  United  States,  North  West  of  the  Ohio,  which  rule 
as  well  as  all  the  foregoing  regulations,  are  to  be  observed  within 
this  Territory,  until  it  shall  by  Law  be  otherwise  directed. 

The  Governor  further  authorizes  and  empowers  the  Con- 
servators of  the  peace,  and  Sheriffs  to  administer  unto  all  free 
male  inhabitants  who  are  Considered  as  permanent  Residents 
of  the  Territory,  an  Oath  of  allegiance  to  be  by  them  subscribed, 
as  well  as  taken  and  in  form  following. 

"We  the  undersigned  acknowledge  we  owe  allegiance  to  the  United 
"States  of  America,  and  we  do  most  solemnly  and  sincerely  swear  (or  affirm 
"where  they  are  Conscientiously  scrupulous  of  taking  an  oath)  that  we  will 
"to  the  best  of  our  knowledge  and  abilities,  support,  maintain  and  defend 
"the  Constitution  thereof, — so  help  us  God." 

A  Certificate  of  which  in  the  following  form  is  to  be  given, 
unto  every  person  taking  and  subscribing  such  oath,  viz, 

"This  may  Certify  that    has  this    day  of 

" anno   Domini    1798  taken   and  subscribed   the  oath   of  alle- 

"giance  to  the  United  States  of  America  as  prescribed  by  the  Governor.  In 
Testimony  of  which  I  have  signed  my  name."  A.  B. 

"Conservator  of  the  peace 
"(or  Sheriff  as  the  case  may  be) 
" District    " 

The  Power  of  administering  the  oath  of  allegiance,  is  limited 
to  the  30th  of  October  next,  upon  which,  Conservators  of  the 
peace,  and  Sheriffs  are  to  make  report  of  such  as  shall  have 
taken  the  oath,  to  the  Governor.  The  Certificate  given  to  Indi- 
viduals, that  they  have  taken  the  oath,  should  by  them  be  care- 
fully preserved,  as  it  has  been  provided  by  Congress,  that  Aliens 
may  be  Banished  the  Country. 

Given  under  my  hand  and  Seal  at  Natchez  this  9th  day  of 
September,  Anno  Domini  1798  and  in  the  23d  year  of  the  In- 
dependence of  the  United  States  of  America. 

(Signed)  Winthrop  Sargent — 


GOVERNOR  WINTHROP  SARGENT.  45 

To  Andrew  Ellicott.1 

Natchez  Sept  the  10th  1798, 
Dear  Sir 

I  yield  no  credence  whatever,  to  the  Union  and  Combination 
said  to  have  taken  place  with  the  four  Nations  of  Indians,  and 
by  Mitchell  whom  you  must  know,  I  am  informed  the  Chactaws 
are  friendly  to  the  United  States,  and  very  inimical  to  the 
Creeks, —  The  Chickasaws  only  attended  upon  a  late  invitation 
to  them,  the  Chocktaws,  and  Cherokees,  but  was  it  otherwise,  it 
Certainly  would  be  impolitic  in  us  under  present  Circumstances, 
to  make  opposition  unto  them  at  the  line  by  force  of  arms —  Our 
present  appearance  there  even  you  alone,  would  be  enough  to 
demonstrate  that  We  are  in  earnest,  to  Complete  the  Boundary, — 
and  I  am  persuaded  that  under  such  impressions  no  attack  can 
be  made  upon  you,  unless  after  a  formal  Message  to  desist  from 
the  operation  you  should  Continue  at  Business,  which  it  seems 
to  me  would  be  highly  improper. 

The  American  and  Spanish  Troops  with  you  I  should  sup- 
pose were  fully  equal  to  the  Protection  of  your  Horses,  and 
Cattle  against  Marauders. 

I  have  Communicated  your  Letter  to  the  Commandant  of  the 
Regular  Troops  here,  who  has  not  the  power  to  add  to  your  pres- 
ent number  of  Men. 

General  Wilkinson  will  arrive  in  ten  days  Certain,  and  I  will 
make  him  acquainted  with  the  Subject  of  yours,  and  deliver  the 
Letter  entrusted  to  me. 

I  thank  you  for  your  obliging  favour  of  the  4th.  My  present 
engagements  which  are  indeed  Numerous,  and  pressing,  permit 
not  such  attention  as  I  would  wish  to  bestow  upon  it  and  you 
at  all  times. 

I  can  not  however  close  without  Congratulating  you,  that  the 
old  and  illustrious  Commander  of  our  Armies,  has  again  re- 
sumed the  sword,  and  his  Example  has  been  followed,  by  a  whole 

1  The  boundary  commissioner  for  the  United  States. 


46  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Train  of  Worthies. —  Knox,  Pinckney,  and  Hand,  Major  Gen- 
erals,— Hamilton  Inspector,  and  a  whole  host  of  Brigadiers. — 
Military  ardour  beats  high,  in  every  Breast,  and  the  whole  Amer- 
ican World  are  in  Arms;  French  Privateers  bringing  in  by  our 
American  Cruisers.  The  President  is  authorized  to  Banish 
Aliens,  as  he  shall  think  proper,  and  I  have  seen  the  Skeleton 
of  a  Pretty  Comfortable  Sedition  Bill,  which  has  just  passed  the 
House. 

With  very  respectful  esteem, 

I  have  the  honor  to  be  your  friend,  and 
humble  servant, 

(Signed)  Winthrop  Sargent. 
The  Honble  Andrew  Ellicott. 


To  Timothy  Pickering. 

Natchez  Sept-  18th  1798 
Dear  Sir 

I  herewith  transmit  unto  you,  the  Copy  of  a  Letter  from  a 
Mr.  Mitchell  appointed  an  agent  (by  Colo.  Hawkins)  I  presume 
to  the  Choctaw  and  Chickasaw  Indians,  with  my  response. 

I  received  also  yesterday  a  Letter  from  Mr.  Ellicot,  with  in- 
telligence from  Governour  Gayoso,  officially  Communicating  to 
him  through  Major  Minor  the  Spanish  Commissioner  at  the  line, 
that  the  Creeks  had  banished  Colo  Hawkins  from  their  Nation, 
and  Combined  with  the  Choctaws,  Chickasaws,  and  Cherokees, 
to  oppose  the  Completion  of  the  Boundary,  upon  which  he  has 
been  employed.  He  suggests  to  me  a  wish,  that  his  escort  may 
be  augmented,  but  believing  that  the  American  and  Spanish 
Troops  already  ordered  are  adequate  to  protection  of  their  horses 
and  Cattle,  against  Marauders,  and  that  no  attack  would  be 
made  upon  them  unless  in  case  of  obstinately  Continuing  at  the 
Business,  after  the  same  should  be  formally  prohibited,  I  have 
so  wrote  him,  and  farther,  upon  a  Conference  with  the  Military 


GOVERNOR  WINTHROP  SARGENT.  47 

Commandant  Colonel  Hamtramick,  that  he  had  no  Power  to  add 
to  his  present  guard,  but  that  his  wishes  should  be  communicated 
unto  General  Wilkinson,  who  is  expected  here  in  Ten  days. 

A  Mr.  Vidal  Quondam  Secretary  to  Governor  Gayoso,  and 
who  has  been  left  at  this  place —  in  Character  of  Consul  not 
acknowledged  however  as  I  learn  by  the  President  as  yet,  waited 
upon  me  this  morning  by  desire  of  the  Governor,  to  Communi- 
cate in  Substance  the  same  information,  that  had  reached  me 
through  Mr.  Ellicott,  and  Major  Minor,  with  no  more  Addition — 
but  that  the  Spanish  Agents  had  exerted  themselves  in  Vain  to 
oppose  the  hostile  disposition  of  the  Indians,  declaring  unto  them 
that  any  attack  upon  the  Line,  would  be  Considered  as  War 
upon  Spain,  as  well  as  the  United  States,  and  followed  by  their 
Utter  Ruin;  It  would  seem  also  from  Mr.  Vidals  information 
that  the  Creeks  though  Disgusted  with  Colonel  Hawkins,  have 
a  patiality  to  Mr.  Seagrove. 

Unacquainted  as  I  am  with  all  the  Indian  Concerns  in  this 
Southern  Department,  without  information  of  the  Characters, 
or  even  names  of  the  Agents  unto  them,  destitute  of  resources 
to  send  unto  them  even  a  Messenger,  or  make  them  the  smallest 
present  and  the  suggestions  in  your  favour  of  the  18th  of  May, 
that  it  would  be  expedient  to  leave  the  General  Superintendency 
of  Indian  Affairs  to  Colo  Hawkins  &c  place  me  in  a  most  em- 
barrassing situation —  Something  should  be  attempted  imme- 
diately with  the  Creeks,  for  it  appears  to  me  they  will  otherwise 
cause  us  much  Trouble,  and  I  trust  e'er  this,  if  Colonel  Hawkins 
has  left  them,  that  another  Agent  has  been  appointed.  A  small 
Garison  and  Trading  houses,  in  the  Choctaw  Towns,  would  no 
doubt  produce  very  happy  effects —  We  live  here  only  upon  suf- 
ferance and  their  good  will,  our  Settlements  are  scattered  over 
a  great  extent  of  Country  and  not  to  be  defended —  Our  whole 
Militia  free  male  Inhabitants  from  Sixteen  to  fifty  years  of  age, 
may  amount  to  eight  hundred  men, —  and  I  have  taken  meas- 
ures to  organize  them  without  delay — nearly  half  the  number 
will  probably  be  mounted,  —  From  the  Continued  Absence  of 


48  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

the  Civil  Officers  of  Government,  we  really  suffer  extremely, — 
and  I  am  the  Veriest  Slave  in  the  World. —  Every  day  and  hour 
Multiply  Complaints,  some  of  them  amounting  to  felonies  and 
very  high  Misdemeanors ;  I  have  been  Constrained  to  some  Civil 
appointments,  and  to  define  the  duties  thereof,  which  was  the 
province  of  the  Legislature;  and  am  to  be  Justified  only  by  the 
imperious  necessity  existing. 

There  seems  to  be  an  opinion  Still  prevailing  (I  know  not 
upon  what  ground)  that  Louisiana  will  be  added  to  the  French, — 
For  such  a  Government  the  Creoles,  who  are  very  Tolerable  Sol- 
diers would  I  am  persuaded  fight. —  The  whole  number  that 
might  be  embodied,  from  the  same  on  both  sides  the  Mississippi 
to  the  Balize,  would  amount  I  am  told  to  about  Two  thousand 
five  hundred,  armed  with  smooth  Bores,  and  without  Bayonets, — 
Their  slaves  are  said  to  be  as  four  to  one. 

This  Communication  is  made  unto  you  Sir,  to  enable  you  to 
form  a  Judgment  of  the  due  provision  essential;  with  all  defer- 
ence I  take  leave  to  suggest  an  opinion,  that  a  Body  of  Volun- 
teers might  be  raised  in  Tennessee,  Kentucky,  and  the  North- 
western Territory,  upon  a  promise  of  Land  to  prevent  the  pos- 
session of  Louisiana  by  the  French,  in  Case  the  Spaniards  should 
be  disposed  to  Cede  it.  But  early  arrangement  and  sudden  Ex- 
ecution should  be  provided  for,  as  a  Fleet  and  Army  at  the  Balize 
perhaps  possessing  the  whole  lower  Country  might  accompany 
the  first  intelligence  of  the  Cession, — a  few  French  Troops  with 
a  Cordial  Co-operation  of  the  Spanish  Creoles,  and  arms  put  into 
the  hands  of  the  Negroes,  would  be  to  us  formidable  indeed, — 
The  Indians  (now  I  fear  Wavering)  would  be  enduced  to  join 
them  and  in  the  aggregate  Constitute  an  Enemy,  by  no  means 
Contemptable  to  the  United  States.  Believed  it  the  intention 
of  our  Government  to  Cultivate  a  good  Understanding  between 
the  Citizens  of  this  Country  and  the  subjects  of  his  Chatholic 
Majesty,  I  have  granted  passports  to  all  good  men,  requesting 
the  same  to  pass  the  line, — To  such  I  believe  generally  due  atten- 
tion has  been  paid,  but  in  some  Cases  Commandants  have  in- 


GOVERNOR  WINTHROP   SARGENT. 

formed  me,  that  our  Citizens  could  not  be  admitted,  but  by 
special  order  from  Governor  Gayoso,  to  whom  I  have  signified 
the  friendly  disposition  of  the  United  States,  but  there  must 
be  reciprocity  in  all  things. —  This  through  his  friend  Mr.  Vidal, 
for  I  have  not  yet  found  it  necessary  to  make  unto  him  a  direct 
address.  The  Spanish  Treaty  (it  seems  to  me)  provides  for 
chese  Traders  going  into  the  Southern  Indian  Nations  within 
the  United  States,  but  till  otherwise  instructed,  I  shall  make  it 
a  Point,  to  place  them  under  the  same  regulations,  as  our  own 
Traders.  I  am  &c 

(Signed)   Winthrop  Sargent 
The  Honble  Secretary  of  State. 


To  Andrew  Ellicott. 

Natchez  September  the  18th  1798 
Dear  Sir 

I  have  received  and  read  with  very  particular  attention  your 
favour  of  the  15th  instant —  and  not  at  all  approving  the  Method 
you  would  pursue  in  regard  to  Mr.  Freeman,1  I  express  the  same 
I  assure  you  with  great  reluctance,  for  I  have  in  truth  very  much 
respect  for  your  Judgment. 

Though  Mr.  Freeman  is  an  officer  of  the  General  Govern- 
ment, yet  in  the  very  nature  of  things,  he  is  subordinate  to  you, 
and  for  sedition,  Indolence,  or  Incapacity,  there  can  be  no  doubt 
of  your  right  to  suspend,  and  Banish  him  your  Camp. 

Should  he  make  any  formal  Complaint,  it  would  probably  be 
to  the  Heads  of  some  of  the  great  Departments  of  State,  unless 
he  should  be  mad  enough  seriously  to  prefer  unto  me,  those  idle 
Tales  that  you  have  informed  me  of,  which  in  your  situation  I 
should  Laugh  at  and  despise. —  Yes  Sir,  I  should  believe  your 
Reputation  so  firmly  established,  as  not  at  all  to  be  affected,  by 
Vague  insinuations,  or  unsupported  assertions. 


1  Thomas   Freeman,   surveyor   to   the   Boundary   Commission. 
4 


1 


50  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

It  would  be  enough  I  presume  for  the  sovereignty  of  the 
United  States,  and  all  your  friends,  that  you  simply  Contradicted 
such  reports  however  speciously  made,  or  industriously  Circu- 
lated—  and  for  myself  also  for  you,  I  would  deem  it  a  most  undue 
Condescention  to  enter  upon  Defence,  under  any  the  Vilest  Cal- 
umnies, till  called  upon  by  the  legal  authority. 

I  am  I  assure  you,  with  the  most  perfect  Confidence  in 
your  attatchment  to  the  United  States, 
Your  friend  and  humble  servant, 

(Signed)  Winthrop  Sargent. 
To  the  Honble  Andrew  Ellicott 
Commissioner  &c 


To  Manuel  Gayoso  De  Lemos.1 

Natchez  September  18th  1798 
Sir 

In  full  faith  of  your  Excellencys  disposition  to  render  ample 
Justice  unto  all  men,  and  reciprocating  the  very  friendly  inten- 
tions of  the  United  States  to  his  Chatholic  Majesty's  subjects, 
and  Interests —  and  having  no  knowledge  of  an  Agent  at  the 
Port  of  New  Orleans  duely  authorized  by  the  President  to  seek 
redress  for  injuries  sustained  by  the  Citizens  of  America,  I 
believe  it  encumbent  on  me  to  make  application  unto  your  Excel- 
lency that  Francis  Mitchell,  Accused  of  having  Piratically,  dep- 
redated the  ships  and  Citizens  of  our  Republic,  in  an  armed 
Vessel  called  the  Henricque,  should  with  his  prize  be  arrested, 
and  detained  to  answer  unto  the  said  Citizens  (or  their  agent 
duely  authorized)  for  his  reiterated  Piracies,  as  well  as  for  so 
flagrantly  Violating  the  Laws  of  Nations. 

In  support  of  the  Charges  against  Mitchell,  there  have  been 
transmitted  unto  me  Certified  Copies  of  depositions  made  by 
himself  and  John  Durand  a  French  Mariner,  in  the  Consulate 

1  Spanish  Governor  of  Louisiana,  formerly  Governor  of  the  Natchez  Dis- 
trict, just  before  the  transfer  to  United  States. 


GOVERNOR  WINTHROP  SARGENT.  51 

at  Charles  Town,  and  which  as  I  am  assured,  your  Excellency 
has  already  been  furnished  with  the  same,  I  forbear  to  trouble 
you  with. 

It  is  as  unnecessary  for  me  to  draw  your  Excellencys  atten- 
tion to  the  articles  of  the  Treaty  of  Amity,  between  our  sover- 
eigns and  in  Point — as  I  flatter  myself  it  is  to  assure  you  of 
my  zealous  inclination  at  all  times  to  yield  most  Prompt  attention 
to  any  representations,  which  in  the  Contingency  of  events, 
your  Excellency  may  hereafter  have  occasion  to  make,  and  in 
which  your  own  or  the  Interests  of  any  of  the  subjects  of  his 
Chatholic  Majesty  may  be  implicated. 

With  the  most  unfeigned  aspiration  for  your 
Excellencys  health  and  welfare 
I  have  the  honor  to  be 
your  Excellencys 
most  Obedient  humble  servant 

(Signed)  Winthrop  Sargent 
His  Excellency 

Don  Manuel  Gayoso  De  Lemos,  Governor  of 
Louisiana,  &c  &c  — 


To  Manuel  Gayoso  De  Lemos. 

Natcheze  28th  of  September  1798 
Sir 

Presuming  upon  that  "inviolable  peace  and  sincere  friend- 
ship" so  happily  established  between  his  Chatholic  Majesty,  and 
the  United  States  of  America,  I  hesitate  not  to  request  of  your 
Excellency  that  Zachariah  Coxe  who  had  been  imprisoned  within 
this  Territory  for  the  most  atrocious  Misdemeanors,  some  of 
them  tending  to  involve  the  United  States  in  a  War  with  Spain, 
and  who  made  his  escape  on  the  night  of  the  26th  instant,  under 
Circumstances  so  base,  as  extremely  to  aggravate  his  guilt  to  men 
of  honour,  and  who  is  said  to  have  taken  the  way  to  New  Or- 


52  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

leans  may  be  arrested  if  he  is  found  within  your  Excellency's 
Government,  and  delivered  over  to  a  Military  Escort  from  the 
Troops  of  the  United  States,  which  General  Wilkinson  has  as- 
sured me,  he  will  order  to  be  at  the  National  Boundary,  to  re- 
ceive him,  whenever  it  may  best  suit  your  Excellency's  con- 
venience, and  pleasure.  The  Compact  Sir  Subsisting  between  our 
Nations,  has  most  happily  provided  for  rendering  ample  Justice 
at  their  respective  Tribunals,  to  the  subjects  and  citizens  of 
either, —  in  the  recovery  of  the  smallest  property —  Payments 
of  even  trifling  debts,  and  damages  of  what  nature  soever, 
that  may  have  been  sustained  by  either  party,  whether  the 
Causes  of  Complaint,  be  against  our  own  Citizens  or  subjects, 
or  Foreigners  who  have  taken  refuge  within  our  Domains. 

With  such  Generous,  such  liberal  provisions,  for  matters 
which  certainly  can  be  of  no  very  great  National  Concern,  we 
must  Necessarily  infer,  that  our  Sovereigns  have  never  intended, 
an  Asylum  for  Criminals  within  the  Realm.  Mr.  Coxes  Conduct 
Cannot  be  investigated  but  in  the  Territory  of  the  United  States 
— if  therefore  your  Excellency  should  decline  to  give  him  up, 
(which  I  can  not  believe  possible)  it  might  have  the  fatal  ten- 
dency, to  Countenance  and  encourage  every  species  of  Vilainy 
within  our  respective  Governments,  for  it  would  foster  the  hope 
of  impunity,  amongst  the  most  abandoned  Men.  To  establish 
as  sacred  and  immutable  Truth,  that  first  article  of  the  Treaty 
now  subsisting  between  our  Nations,  I  fondly  hope  your  Excel- 
lency and  myself,  shall  pass  no  occasion  of  cementing  the  Public 
Amity,  by  the  mutual  exchange  of  good  offices, —  The  delivery 
up  of  Mr.  Coxe  will  rank  high  in  this  order,  and  be  Considered 
as  rendering  very  eminent  service,  to  the  United  States  and  all 
good  Government,  On  my  part  I  shall  but  wait  an  opportunity 
to  Demonstrate  equal  Accommodation,  and  follow  the  Example 
of  your  Excellency.  If  Mr.  Coxe  Sir  who  is  the  subject  of  the  en- 
closed, should  not  be  within  your  Excellencys  Government,  or  if 
from  any  cause  I  am  to  fail  of  success  in  my  present  application, 
I  have  to  request  the  same  may  be  received  in  Confidence,  as  an 


GOVERNOR  WINTHROP  SARGENT.  53 

Unnecessary  alarm  to  him  could  produce  no  good  effects  What- 
ever. 

I  am  most  respectfully, 

your  Excellencys, 

very  humble  servant, 

(Signed)  Winthrop  Sargent. 
His  Excellency 

Don  Manuel  Gayoso  De  Lemos 

Governor  General  of  Louisiana  &c 


To  Timothy  Pickering. 

His  Excellency  the  Governor  wrote  the  following  private 
Letter  to  the  Secretary  of  State,  and  deems  it  necessary  to  be  en- 
tered in  the  Journal. 

Natchez  29th  of  September  1798 
Dear  Sir 

I  do  myself  the  honor  of  enclosing  you  Copies  of  two  Letters 
to  Governor  Gayoso,  because  I  calculate  for  your  observations 
thereupon  to  my  future  Government. 

Three  or  four  of  Coxes  Coadjutors,  men  descending  the  river 
with  him  were  immediately  apprehended  upon  his  Escape,  by 
precept  from  Judge  Bruin,  and  have  been  Committed  to  the  Fort, 
where  they  will  probably  remain,  until  we  hear  more  of  the 
Principle —  The  Judge  is  indefatigable  and  Meritorious,  but  for 
the  want  of  another  Judge  we  are  wretched, —  The  people  smart- 
ing from  our  delinquency,  will  become  restless,  and  I  tremble 
for  the  Consequences —  Huchens1  and  some  others  it  is  hinted  to 
me  are  again  busy —  some  Memorial  to  Congress  probably — 

My  own  reputation  is  already  at  stake,  and  every  moment 

encreases  my  hazard —  I  have  been  Constrained  by  imperious 

Necessity  to  attempt  something  like  regulation,  for  the  Militia, 

and  to  appoint  Conservators  of  the  peace  and  define  their  duties, 

1  Anthony  Hutchins,  who  was  a  very  active  opponent  of  the  Sargent 
administration. 


54  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

—  My  doings  therein,  are  enclosed  No.  1  and  2 —  and  after  the 
30th  of  October,  the  time  limited  for  the  Conservators  to  admin- 
ister the  Oath  of  Allegiance,  I  propose  to  make  an  order  to  pre- 
vent Aliens  Traveling  the  Territory,  without  passports  from 
myself  or  the  said  Conservators. 

Of  late  I  hear  no  more  of  the  Indians  meaning  to  oppose  our 
running  the  line, —  Governor  Gayoso  indeed  wrote  a  Confidential 
friend  here  as  though  he  believe  they  would  not,  at  least,  until 
it  had  progressed  to  the  Mobile.  —  He  has  seemed  very  anxious 
to  have  me  Commence  with  him  a  Correspondence. —  He  has  ex- 
pressly to  some,  and  indirectly  to  others,  proposed  such  a  wish, 
and  I  have  gratified  him  as  the  enclosures  shew,  when  the  inter- 
ests of  my  Country  seemed  to  demand  it —  as  you  know  the 
man  I  forbear  all  observations  upon  him. 

My  anxious  solicitations,  that  the  Civil  officers  of  Govern- 
ment may  be  immediately  sent  out,  I  again  reiterate,  for  so  I 
am  in  duty  bound. 

For  the  Laws1  of  the  different  states,  I  repeat  my  request,  and 
for  seals,  stationary,  and  blank  Commissions  also.  The  absolute 
Necessity  for  more  perfect  arrangement  in  the  Indian  Depart- 
ment, must  be  so  very  obvious,  that  you  will  excuse  my  dwelling 
upon  the  subject  in  all  my  Letters. —  I  am  by  Law  the  Superin- 
tendent,—  I  know  nothing  of  Indian  affairs, —  I  have  been  two 
months  nearly  in  the  Territory,  and  not  the  smallest  Commu- 
nication made  me  from  the  Military  thereupon. —  The  Secretary 
of  War  it  seems  has  Committed  the  whole  Business  to  them  at  the 
hazard  Certainly  of  very  great  abuse  in  some  Cases  to  the  Inter- 
ests of  the  United  States,  for  even  Noncommissioned  Officers, 
if  I  have  been  rightly  informed  have  had  authority,  to  Misapply 
the  Public  Bounty. —  I  would  Certainly  have  no  objection  to 
Vesting  all  Indian  affairs  with  the  Military,  save  for  the  Law  of 
the  United  States,  in  point  to  which,  I  must  take  leave  to  suppose, 
the  Secretary  pays  no  attention,  but  whilst  this  Law  is  in  force, 

1  The  organic  Act  of  Mississippi  Territory  required  the  Governor  and 
judges  to  act  in  a  legislative  capacity,  copying  or  following  the  existing  laws 
of  the  States. 


GOVERNOR   WINTHROP   SARGENT.  55 

I  have  duties  in  that  line  not  to  be  dispensed  with,  and  totally 
out  of  my  power  to  Execute  under  present  arrangements. —  It 
is  said  goods  &c  are  absolutely  Necessary  at  Military  Posts  to 
Conciliate  the  Indians — Granting  this,  would  it  not  be  proper 
that  the  persons  having  charge  thereof,  should  account  with  the 
superintendent  for  their  distribution ;  Such  method  amongst  many 
other  good  Consequences,  would  prevent  the  impositions,  which 
I  am  informed  are  practiced  by  small  parties  or  Individuals, 
having  nothing  else  to  do,  going  from  Post  to  Post,  and  receiving 
at  all,  to  the  very  unequal  Division  of  the  Bounty  of  Congress — 
If  Conciliation  be  the  intention,  and  effect  of  our  presents,  it  is 
perhaps  not  unreasonable  to  ask  that  they  may  be  made  some- 
times at  our  advanced  Settlements,  where  Distributed  with  Judg- 
ment, they  might  have  the  effect  to  save  from  ruin  every  year  a 
number  of  families  who  are  on  the  road  of  the  Indians,  in  their 
Visits  to  our  parts,  and  literally  eaten  out  of  house  and  home 
by  them. —  Those  distressed  people,  their  Complaints  &c  are 
unknown  to  the  army,  and  the  only  possible  preventives  to  there 
distress  (presents)  are  not  in  my  Command;  —  even  to  offer  a 
Pipe  of  Tobacco  to  the  Indians.  I  must  solicit  the  Military  officer, 
who  perhaps  might  be  only  a  Corporal. —  But  I  will  add  no  more 
upon  the  subject,  persuaded  that  you  will  give  what  I  have  writ- 
ten due  weight,  and  that  I  shall  either  be  relieved,  from  all  re- 
sponsibility in  Indian  Concerns,  or  made  more  than  a  Nominal 
Superintendent.  One  more  matter  only  will  I  trouble  you  with  at 
this  time ;  War  may  be  suddenly  brought  unto  us  in  this  Country, 
and  a  Co-operation  of  regular  Troops  and  Militia  become  Neces- 
sary—  I  have  the  Public  interests  very  much  at  heart,  and  I  have 
the  feelings  also  of  a  soldier, —  I  wish  to  provide  for  Contingen- 
cies—  Within  the  Territory  I  have  no  doubt  of  my  right  to  Com- 
mand, but  the  whole  Militia  might  advance  beyond  the  Line, — 
There  could  not  be  two  heads  to  an  army  without  Constituting  the 
greatest  of  Monsters,  I  should  believe  in  my  own  Legitimate  right 
to  Command ;  a  different  sentiment  might  prevail  with  the  Com- 
mandant of  the  regular  Troops,  Whether  a  General  Field  Officer, 


56  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

or  Ensign,  and  the  Consequences  be  most  disastrous — Indulge 
me  as  I  request  you  with  advice,  if  no  rules  can  be  obtained. 

General  Wilkinson  arrived  the  day  before  yesterday. —  He 
has  done  me  the  honor  to  ask  my  opinion,  upon  the  propriety 
of  remaining  here  or  descending  the  River —  To  prevent  his  men 
from  debauching,  and  being  debauched,  as  well  as  other  reasons, 
good  and  perhaps  of  more  National  importance,  I  have  recom- 
mended to  him,  to  take  Post  at  or  near  some  heights,  Elevated 
three  hundred  feet  above  the  Mississippi  Commanding  the  River, 
and  Called  Loftis's  Cliffs —  They  are  almost  seven  Miles  above 
the  Line —  and  I  suppose  the  Troops  will  descend  on  the  morrow. 

It  would  be  well  I  think  immediately  to  establish  a  revenue 
office  here —  Foreign  Rum,  Sugar,  Coffee  &c,  are  Consumed  in  no 
inconsiderable  Quantity. —  Is  it  not  a  Material  Business  to  ap- 
point Inspectors  of  our  Staple  (Cotton  &c)  or  if  there  be  a  Power 
with  the  Executive  for  such  arrangements,  and  the  (which) 
might  be  made  of  some  Emolument  to  me,  it  would  help  me  in  my 
Disbursements,  to  which  my  pay  is  quite  inadequate. 

I  feel  it  very  unfortunate  for  the  Territory,  that  no  means  are 
provided,  for  regular  Communication  with  you —  a  few  Block- 
houses upon  the  way  to  the  nearest  Post  Office,  or  some  arrange- 
ment that  might  be  made  with  the  Indians,  for  facilitating  our 
dispatches,  would  be  highly  usefull,  at  present  I  have  reason  to 
believe,  that  almost  all  our  parties,  are  robbed  upon  the  way 
through  the  Indian  Country. 

By  desire  I  transmit  the  appointment  of  the  Spanish  Consul 
here,  and  wish  the  Presidents  instruction  thereupon. 

I  have  the  honour  to  be 
Sir 

your  very  humble  servant 

Signed  Winthrop  Sargent 

The  Honble  Secretary  of  State 


GOVERNOR  WINTHROP  SARGENT.  57 

To  Timothy  Pickering. 

Natchez  September  29th  1798 
Sir 

So  soon  as  the  Judges  arrive,  I  propose  to  make  a  Division 
of  the  Territory,  into  two  Districts  or  Counties  — The  Villa 
Gayoso  Twenty  miles  above  Natchez,  I  propose  for  the  seat  of 
Justice  in  the  upper  District —  There  are  a  sufficiency  of  public 
buildings  there  for  Court  purposes,  which  with  a  Body  of  Land, 
say  two  hundred  acres,  seem  to  me  to  have  been  the  property  of 
Spain,  though  a  Mr.  Green  pretends  to  claim  it. —  The  Military 
at  present  hold  it,  by  a  Noncommissioned  officers  guard,  for  the 
United  States, —  At  Natchez  which  should  be  another  County 
Town,  is  a  Roman  Chatholic  Church,  which  would  make  a  Con- 
venient Courthouse,  but  having  been  Consecrated,  it  would  Vio- 
late the  feelings  of  about  a  Dozen  of  families  of  the  Holy  Chatholic 
religion,  be  disagreeable  to  our  Neighbours  as  it  was  built  by  the 
King  of  Spain1 — has  always  been  used  for  sacred  purposes,  and 
therefore  in  my  opinion  would  be  unwarrantable —  The  Expenses 
of  Jails  and  Courthouses  in  this  County,  will  be  very  great — 
Jails  however  must  be  built ;  at  the  Villa  Gayoso  the  appropria- 
tion of  the  public  Buildings,  for  Civil  puposes,  would  be  a  very 
great  accommodation,  and  they  can  not  be  of  any  use  whatever 
to  the  army. — The  same  are  from  the  Mississippi  about  a  Mile, 
and  seventy  miles  above  the  National  Boundary. —  In  the  town 
of  Natchez,  is  a  house  United  States  property,  having  been  built 
by  the  King,  as  an  appendage  to  the  Church,  and  which  would  an- 
swer for  a  Courthouse —  It  is  full  half  a  Mile  from  any  of  the 
Fortifications, —  Is  in  the  Center  of  the  Town,  and  being  empty 
upon  Captain  Guions  arrival,  has  ever  since  been  by  him  occu- 
pied—  Natchez  the  General  informs,  will  immediately  be  Evacu- 
ated almost  by  the  Troops,  only  a  Subalterns  guard  left,  but  there 
seems  a  reluctance  upon  the  part  of  the  Military,  to  Yield  these 
possessions —  They  appear  to  suppose  themselves  the  proper 

1  Claiborne's  "Mississippi,"  at  page  208,  distorts  this  expression  into  a 
desire  to  seize  the  Catholic  church  at  Natchez  for  use  as  a  courthouse. 


58  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

guardians  of  public  property —  I  have  always  myself  believed 
the  Governour  should  be  the  Guardian  of  all  Lands  Buildings  &c 
not  actually  appropriated  by  special  order  of  Government,  or 
coming  into  the  possession  of  the  Military,  by  Cession  as  actual 
Posts,  or  appendages  to  Forts  &c —  and  it  might  be  observed, 
that  the  Troops  may  be  called  off,  and  Buildings  in  Consequences 
go  to  Ruin,  Whereas  the  Civil  Government  always  remaining, 
would  Continue  its  care  and  protection. 

Those  Buildings  will  I  trust,  very  soon  be  in  demand  for  the 
purposes  before  mentioned,  and  you  would  very  much  serve  the 
Territory,  by  informing  me  as  soon  as  possible,  of  the  pleasure  of 
the  Executive  in  Point. 

I  am  &c  &c 

(Signed)  Winthrop  Sargent 

The  Honble  Secretary  of  State. 


To  James  Wilkinson. 

Natchez  30th  of  September  1798 
Dear  Sir 

From  the  examination  taken  before  the  Board  of  Officers, 
which  you  have  done  me  the  honour  to  make  me  acquainted  with, 
it  appears,  that  Coxes  escape,  has  been  produced  in  Consequence 
of  an  almost  total  inattention,  to  my  request  which  Certainly  in 
his  Case  should  have  had  all  the  effect  of  order. 

The  measures  taken  by  you  and  myself,  both  before  and  since 
he  was  made  Prisoner,  will  leave  no  doubt  with  the  President, 
when  he  shall  be  made  acquainted  therewith,  that  we  have  hith- 
erto sacredly  regarded  our  duty,  but  as  the  Business  at  present 
stands,  suspicions  of  Collusion  somewhere,  will  be  harboured  in 
the  public  mind. 

In  addition  to  my  request  to  Captain  Guion  which  was  com- 
mitted to  writing,  and  of  the  propriety  of  exact  Compliance  with 
which  he  seemed  fully  impressed,  I  have  denied  unto  every  man, 


GOVERNOR  WINTHROP  SARGENT.  59 

even  persons  in  the  Character  of  Gentlemen,  any  Communication 
whatever  with  Coxe,  and  signified  all  this  in  most  express  terms, 
to  the  Military. —  of  Captain  Guions  Zeal  and  Judgment  we 
neither  of  us  I  believe  doubt,  but  in  the  most  favourable  Con- 
struction of  the  Catastrophe,  we  must  presume  there  has  been 
an  unpardonable  Omission  somewhere. 

Some  of  Coxes  adherents  were  apprehended  immediately, 
upon  his  escape,  and  are  now  in  Confinement,  under  a  precept 
from  the  Civil  Authority. —  Judge  Bruin  will  be  good  enough  to 
give  your  Excellency  their  names,  and  as  you  have  the  means 
through  some  of  the  men  under  your  order  from  Smith  Land, 
to  ascertain  the  Characters,  and  Connexion  of  them  with  the  said 
Coxe  in  his  Nefarious  proceedings,  I  must  trouble  you  for  such 
information,  as  will  best  determine  how  they  are  for  the  present 
to  be  disposed  of. 

With  respectful  Esteem  I  am, 

your  Excellency's  most  Obedient  Servant 

(Signed)  Winthrop  Sargent 

His  Excellency  General  James  Wilkinson. 


Proclamation. 

By  His  Excellency  Winthrop  Sargent,  Governor 

of  the  Mississippi  Territory. 

Whereas  it  has  been  represented  unto  me,  that  certain  persons 
within  this  Territory,  have  presumed  to  make  surveys  upon  the 
Lands  of  the  United  States,  and  also  within  the  Indian  Boundary, 
marking  trees  &c  with  a  View  to  Settlement,  and  in  some  in- 
stances, that  they  have  actually  established  themselves  upon  such 
Lands,  much  to  the  Public  wrong,  and  in  flagrant  Violation  to 
the  preventive  Laws  for  such  cases  made  and  provided —  Be  it 
Known  Therefore,  that  I  have  thought  proper  to  issue  this  my 
Proclamation  most  possitively  prohibiting,  all  such  practices, 
upon  penalty  of  fine  and  imprisonment  and  declaratory  also  of  my 


60  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

full  determination,  to  cause  to  be  prosecuted  all  those  who  shall 
continue  upon  any  of  the  Lands  which  may  be  within  the  dls- 
cription  herein  before  made,  after  this  Public  Notice. 
Conservators  of  the  peace  are  requested  to  report  to  the  Gov- 
ernor, all  Cases  of  Violation  to  the  Letter  and  Spirit  of  this  Proc- 
lamation, which  may  Come  to  their  Knowledge. 

Given  under  my  hand  and  Seal  near  Natchez 
Territory  aforesaid  October  the  fourth  anno- 
Domini  1798,  and  in  the  23d  year  of  the  Independence 
of  the  United  States  of  America. 

(Signed)  Winthrop  Sargent 


To  James  Wilkinson. 

Mississippi  Territory 
Concord  House  near  Natchez  6th  October  1798 
Dear  Sir 

In  reply  to  your  favour  of  the  2d  instant  which  did  not  come  to 
hand  untill  last  Evening,  I  transmit  you  an  Extract  from  the 
Ordinance  of  Congress  for  the  Government  of  this  Territory, 
which  is  in  Point  to  your  Queries,  but  I  fondly  hope  there  will 
be  no  objections  upon  the  part  of  present  Claimants,  to  your 
taking  ground  for  Camp,  Fortifications,  and  the  Necessary  Tim- 
ber, for  building  or  firewood. —  If  otherwise  I  should  deem  a 
fair  and  legal  appraisement  proper. 
I  am  Dear  Sir, 

With  respect  and  esteem,  &c 

(Signed)  Winthrop  Sargent 
His  Excellency  Genl  Wilkinson 

"Should  the  Public  Exigencies,  make  it  Necessary 
"for  the  Common  preservation,  to  take  any  persons 
"property,  or  to  demand  his  particular  services 
"full  Compensation  shall  be  made  for  the  same." 


GOVERNOR  WINTHROP  SARGENT.  61 

To  George  Matthews. ,1 

His  Excellency  the  Governor  received  from  General  George 
Matthews,  a  Letter  dated  the  11th  October  1798  to  which  he  was 
pleased  to  reply  as  follows 

In  reply  to  General  Matthews's  Letter  of  the  11th  inst  (this 
moment  received)  the  Governor  has  to  inform  him  that  he  knows 
of  no  right  in  any  Company  to  Lands  within  the  Mississippi 
Territory,  and  that  as  Guardian  of  Public  property,  he  will  con- 
sider it  a  duty  to  prevent  all  intrusions  on  the  same.  Any  sup- 
posed rights  of  Georgia,  or  Individuals  claiming  under  that  state, 
though  not  impaired  by  the  establishment  of  the  present 
Government,  yet  must  in  the  opinion  of  the  Governor  be  sus- 
pended for  the  decision  of  an  important  previous  question  by  the 
Commissioners,  who  have  been  provided  for  in  the  first  article, 
of  an  Act  of  the  Honorable  Congress  for  establishing  the  Govern- 
ment of  the  Mississippi  Territory. 

The  Governors  Respects  to  General  Mathews 

Saturday  October  13th  11  O'clock  A  M.  1798. 

General  Mathews — 


To  Officers  of  Cavalry. 

His  Excellency  the  Governor  having  received  an  address  from 
the  Officers  of  the  Southern  Sub-Legion  of  Cavalry  on  the  sub- 
ject of  an  Uniform  &c.  was  pleased  to  make  the  following  reply, 
on  the  14th  of  October  1798. 

To  the  application  of  the  several  Officers  upon  the  subject  of 
an  Uniform  for  the  Militia,  the  Governor  Observes,  that  he  can 
not  make  any  objection  to  Blue  and  red,  or  indeed  any  facings, 
provided  the  National  Ground  be  preserved —  He  mentioned  the 
Blue  and  Buff,  as  it  had  been  the  uniform  of  the  General  Staff, 
and  as  a  mark  of  distinction  from  the  Regular  Troops. 

•George  Matthews,  ex-Governor  of  Georgia,  who  came  to  Natchez  in  the 
interest  of  the  "Georgia  Land  Co." 


62  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

It  would  be  well  however,  that  the  Officers  of  the  two  Legions, 
should  Concur  in  the  Uniform,  and  the  Governor  will  be  satis- 
fied in  the  result. —  They  will  be  good  enough  to  make  it  known 
to  him  as  soon  as  they  can,  and  he  trusts,  no  time  may  be  lost  in 
enrolling  the  Militia. 


To  James  Wilkinson. 

Concord  House  16th  October  1798 
My  Dear  Sir 

The  information  of  your  passing  to  the  Line  has  delayed  my 
acknowledgement  of  your  favour  of  the  11th  instant  to  the  pres- 
ent moment. 

I  consider  the  arming  of  the  Militia  below  as  a  Consequence 
of  your  Excellencys  arrival,  and  my  disposition  within  the  Terri- 
tory. 

So  soon  however  as  the  enrolment  (to  which  I  suspect  much 
insidious  opposition  from  a  few  base  and  designing  men)  shall 
have  been  effected,  I  propose  to  have  on  paper  at  least,  a  select 
Corps  equal  to  one  half  the  efficient  force  of  the  District,  well 
armed  accoutred  and  officered,  and  to  act  upon  the  Shortest 
Notice. 

This  Corps  shall  be  called  into  Service,  so  soon  as  you  will 
signify  the  seeming  absolute  Necessity  therefor,  Notwithstand- 
ing I  have  not,  as  I  believe  already  informed  you,  been  instructed 
in  Point. —  With  them  I  propose  to  Myself  to  take  the  field,  and 
Co-operete  with  your  Excellency. 

I  can  have  no  Objection  Sir,  to  giving  you  my  Opinion  in 
favour  of  fortifying  without  delay,  at  Loftis's  Cliffs,  the  Idea  of 
the  Minister  at  War  which  you  did  me  the  honor  of  submitting 
to  me  notwithstanding  for  to  postpone  for  the  result  of  his  de- 
liberations might  not  only  be  Hazarding  those  Important  Cliffs, 
but  the  whole  Territory  beside. 

Your  sick  list  seems  to  me  alarming,  and  I  regret  very  much 
for  your  officers ;  poor  Lovelle1  in  a  very  special  manner.  — 1  think 

1  Brigade  Major  under  Wilkinson. 


GOVERNOR  WINTHROP   SARGENT.  63 

he  has  innate  worth  which  endears  him  to  all  his  acquaintance, 
and  your  Excellencys  notice  and  estimation,  must  establish  his 
Military  fame. 

I  rejoice  much  at  your  Continuance  in  health,  this  appears  to 
me  of  so  very  much  National  importance,  that  I  press  you  not 
to  remain  too  long  at  the  Cliffs;1  Visit  this  post  Occasionally,  I 
intend  removing  to  Natchez  where  I  have  taken  a  house,  in  a 
few  days,  and  where  it  will  give  me  great  pleasure  to  accommo- 
date you.  My  leaving  Concord  seems  a  matter  of  public  Neces- 
sity, I  expect  another  of  the  Judges  shortly,  and  it  will  be  proper 
for  a  Considerable  time  that  I  be  with  them —  Such  an  arrange- 
ment I  find  upon  Calculation,  must  Considerably  increase  my  ex- 
pences,  and  I  believe  we  both  find  the  public  provision  inadequate 
to  our  demand.  Indeed  I  should  have  found  myself  a  good  deal  dis- 
tressed, but  for  the  facility  which  has  been  afforded  me  from 
the  Quarter  Master's  Department,  under  your  Excellencys  order, 
and  in  removing  to  the  Natchez,  I  shall  take  leave  to  draw  upon 
the  same  source,  but  if  it  meets  not  your  full  approbation,  I  shall 
Cheerfully  and  immediately  reemburse  the  expense. 

Mr.  King  will  either  hand  you  this,  or  be  with  you  on  the 
Morrow —  I  can  add  nothing  to  what  I  have  already  said  to  you 
upon  his  Character. 

When  shall  we,  I  mean  when  will  you  set  about  obtaining  a 
Sketch  of  the  Roads? 

Be  good  enough  to  give  me  the  information  Requested,  rela- 
tive to  the  Characters  of  those  of  Coxes  crew  in  Confinement,  as 
it  is  quite  time  they  should  undergo  an  Examination,  and  if 
their  crimes  are  of  the  Nature  to  admit  of  Bail,  that  it  should  be 
received.  Will  you  give  me  your  opinion  upon  the  propriety  of 
my  hiring  an  Indian  Interpreter  here,  and  if  you  have  not  made 
such  provision  as  may  enable  me  by  presents  to  Conciliate  in 
some  Measure  our  Red  Brothers,  until  I  shall  receive  instructions 
thereupon  from  Government,  I  have  to  request  you  would  cause 
the  due  arrangements.    Mitchell,  from  the  Choctaw  Nation,  who 

1  White  or  Ellis'  Cliffs,  below  Natchez. 


64  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

left  this  the  day  before  yesterday,  alarmed  me  with  the  report  of 
2.000  Indians  on  their  way  to  War  with  the  Cadeans,1  and  intend- 
ing to  pass  the  Mississippi,  at  or  near  this  place,  with  the  expec- 
tation I  should  furnish  them  with  provision  and  ammunition, 
which  you  know  is  expressly  Contrary  to  our  Treaty  with  Spain, 
and  I  have  instructed  Mitchell  to  use  every  method  to  divert 
their  Intention. —  From  report  I  should  expect  them  here  imme- 
diately, and  they  will  certainly  very  much  distress  our  settle- 
ments. 

I  am  your  affectionate  friend, 

Signed 

Winthrop  Sargent 

His  Excellency  General  Wilkinson 


To  Timothy  Pickering. 

Concord  House  October  17th  1798 
Dear  Sir 

I  have  already  transmitted  unto  you  Copies  of  my  applications 
to  Governor  Gayoso,  respecting  Mitcehell  the  Pirate  and  Mr. 
Coxe,  and  now  do  myself  the  honour  to  enclose  his  response, 
without  any  Animadversion  thereupon.  I  enclose  also,  and  open 
for  your  inspection,  a  Letter  &c  to  my  friend  Mr.  Ross,  for  really 
I  have  not  time,  Otherwise,  to  make  unto  you,  the  Communica- 
tions therein  Contained —  I  dwell  no  more  upon  the  absence  of 
the  Judges,  though  the  same  distresses  me  and  the  Country  in 
the  extreme. 

A  Considerable  number  of  Choctaw  Indians  are  expected  here 
on  the  Morrow —  their  numbers  said  to  be  one  thousand,  and  who 
Calculate  I  am  told,  upon  Receiving  ammunition  from  me  to  War 
with  the  Indians  over  the  Mississippi —  This  Circumstance  very 
much  embarrasses  me,  and  their  presence  will  be  distress- 
ing to  the  Inhabitants  of  the  Territory —  The  ammunition  the 
(they)  can  not  have,  and  for  want  of  Funds,  I  am  without  an 

Indian  tribe  of  Louisiana,  west  of  the  Mississippi  River. 


GOVERNOR   WINTHROP   SARGENT.  65 

interpreter,  and  can  not  therefore  make  my  denial  so  easy  to  them 
as  I  could  wish —  I  trust  all  due  provision  will  soon  be  made —  at 
any  rate  I  must  put  an  interpreter  upon  pay —  and  as  the  Season 
of  Indian  Visits  is  at  hand,  I  shall  repair  to  Natchez  for  the  Win- 
ter, that  I  may  prevent  those  excesses  which  so  often  happen,  at 
all  places  of  great  Indian  Resort.  —  This  will  much  increase 
my  expenses,  for  house  rent  is  three  hundred  Dollars —  as  an 
Office  and  a  Council  Room  will  be  included  in  this,  is  it  not  proper 
my  dear  Sir,  that  such  expense  be  passed  to  the  Account  of  the 
United  States,  for  really  I  cannot  well  bear  the  Burthen :  my  dis- 
bursements are  already  enormous,  and  without  Relief  in  some 
way  or  other,  I  shall  be  obliged  to  leave  the  Government,  or  be 
pecuniarily  distressed  to  the  extreme. 

It  is  a  very,  very  long  time  my  dear  Sir,  since  I  heard  from 
you —  The  last  Volume  of  Laws  is  much  wanted, — General  Wil- 
kinson has  a  Copy  which  he  received  from  the  Secratary  at  War. 

With  every  Sentiment  of  most 

Respectfull  Consideration  and  Regard,  I  am 
My  Dear  Sir, 
very  affectionately  your  friend 

and  humble  servant 
(Signed)  Winthrop  Sargent 
P.  S. 

I  have  broken  the  Seal  of  this  letter  to  enclose  an  Indian  Talk 
— I  know  not  as  yet  what  may  be  the  Result 

The  Honourable  Secretary  of  State 


To  James  Ross.1 

Mississippi  Territory  Oct.  17th  1798 
My  Dear  Sir 

Your  favour  of  July  was  delayed  until  the  last  month  by  a 

seeming  kind  of  fatality  to  all  dispatches  for  this  Country —  In 

our  present  Critical  Situation  Communications  should  be  Certain 

1  United  States  Senator  from  Pennsylvania. 

5 


66  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

and  Expeditious —  I  have  very  humbly  proposed  two  Ways  for 
facilitating  the  passage  of  Letters.  — Perhaps  they  are  both  re- 
jected for  I  heard  nothing  farther  thereupon —  I  Trust  however 
my  dear  Sir,  that  the  very  great  importance  of  the  Business  to 
the  United  States,  and  the  interests  of  a  whole  Government  will 
not  escape  your  Attention —  Vigilant  as  you  always  are  for  the 
Public  Weal,  I  Confidently  Calculate  upon  your  services  for  this 
Country  at  all  times. —  Feeble  as  is  our  situation,  and  upon  the 
very  Confines  of  the  United  States,  with  jarring  interests 
amongst  the  people  we  require  the  Parents  Fostering  care —  A 
speedy  adjustment  of  the  Land  Claims,  upon  Principles  Similar 
to  those  adopted  for  the  North  Western  Territory  and  the  same 
Provisions  for  Seminaries  of  Learning,  and  Religious  purposes, 
together  with  Encouragement  in  Judiciously  Settling  the  Coun- 
try, would  have  a  most  happy  effect. —  It  being  a  frontier  very 
much  exposed,  to  Invasion  through  the  Spanish  Dominions,  and 
also  to  the  Indians,  should  perhaps  in  sound  Policy,  obtain  for  us 
some  Special  Indigencies. —  Our  numbers  are  very  small,  and 
I  believe  we  shall  not  enrol  in  the  Militia  more  than  eight  hundred 
men. —  They  have  such  Variety  of  Interests,  and  Opinions,  that 
I  almost  dispair  of  P.econciling  them  to  each  other,  or  Concen- 
trating all  their  good  Will  to  our  Government. —  The  men  of 
property  however  I  must  rely  upon,  and  my  best  exertions  to  the 
Public  Weal  shall  never  be  wanting.  But  the  absence  of  the 
Judges  is  a  most  deplorable  Circumstance  to  us  all —  I  am  Con- 
strained sometimes  to  Measures  in  Consequence  thereof,  that  im- 
perious Necessity  only  can  Justify —  They  will  no  doubt  be  no- 
ticed by  the  discontents,  of  which  here  are  more  than  a  few,  and 
amongst  them  some  most  unprincipled  Scoundrels. —  The  worst 
Construction  is  insidously  given  by  them  to  every  act  of  the 
General  Government,  and  my  Character  and  Conduct  not  unfre- 
quently  most  grossly  Misrepresented;  Prompt  and  energetic 
Measures  will  be  taken  so  soon  as  they  are  fully  known, —  But 
they  manage  with  great  art  and  address.  — I  am  truly  sorry  to 
suspect  Mr.  White  to  be  of  this  party —  from  his  standing  in  life, 


GOVERNOR   WINTHROP   SARGENT.  67 

and  his  assurances  to  me  within  the  Territory,  I  had  hoped  the 
best  from  him;  He  is  however  it  is  said  establishing  himself 
below. —  This  man  and  also  General  Mathews,  are  of  Coxes  ac- 
quaintances, I  mean  not  to  charge  them  with  being  his  acces- 
sories, but  the  countenance  given  him  by  both  here,  was  Certainly 
improper. —  My  friend  Colo  Pickering  will  make  you  Acquainted 
with  my  proceedings  in  regard  to  this  troublesome  man,  and  I 
persuade  myself  I  shall  stand  acquitted  of  undue  zeal  to  my  sov- 
ereigns. Your  suggestions  in  regard  to  Minor,  indeed  all  your 
Communications  I  respect, —  We  are  acquainted, —  It  might  be 
improper  to  add  more,  under  such  precarious  Conveyance  as  is 
afforded  me — 

If  some  Compensation  be  not  made  me  for  past  services  my 
Pockets  will  very  soon  be  empty  of  everything  but  "Honour"  and 
"honour"  you  as  well  as  Falstaff,  do  acknowledge  will  no  more 
defray  the  charges  of  this  expensive  Government,  than  set  the 
Broken  Leg  or  silence  the  pain  of  a  wound.  The  arrears  actually 
due  me  would  in  a  most  pleasurable  manner,  meet  my  Necessities 
at  this  moment —  the  old  report  upon  my  claim  went  to  increase 
my  pay  to  one  thousand  Dollars,  in  the  Governors  absence,  he 
I  believe,  and  one  or  two  of  the  Committee  choosing  to  Consider 
me  as  having  nothing  to  do  with  the  Indian  Department —  But 
the  Presidents  instructions  through  the  Secretary  of  State  upon 
the  18th  of  May  1798  places  this  Business  in  the  proper  Point 
of  View,  and  demands  of  the  Secretary  on  the  Absence  of  the 
Governor,  the  Superintendents  duties,  and  it  will  naturally  there- 
fore seem  that  the  thousand  Dollars  should  be  increased  to  the 
Governors  full  pay  Viz  Two  Thousand  Dollars. —  I  know  you  will 
have  this  Business  adjusted  if  possible, —  and  kindly  Consider- 
ing my  necessities,  that  you  will  not  Judge  me  too  importunate. 

General  Mathews  has  come  forward  to  me  in  behalf  of  a  New 
England  Company  of  Land  Speculators. —  I  enclose  you  his  Let- 


68  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ter  and  my  Reply,  also  a  Proclamation,  and  solicit  your  opinion 
thereupon. 

With  every  sentiment  of  most  respectfull 
regard  I  am  My  Dear  Sir, 

your  very  devoted  servant 

(Signed)  Winthrop  Sargent. 
The  Honble 

James  Ross 

of  the  Senate  of  the  United  States, 


By  the  Governor  of  the  Mississippi  Territory, 
A  Proclamation 

The  Governor  has  thought  proper  to  direct,  that  all  persons 
not  Actually  Citizen  inhabitants  of  this  Territory  or  of  some  one 
of  the  United  States,  should  report  themselves  within  two  hours 
after  their  arrival  at  any  of  the  settled  parts  of  the  Government 
to  some  one  of  the  Conservators  of  the  peace,  upon  penalty  of 
imprisonment. 

The  Conservators  will  be  pleased  to  examine  their  passports, 
and  and  Countersign  such  as  are  regular  and  authentic. —  And 
no  known  exceptions  to  the  Characters  of  the  bearers ;  Suspicious 
persons  are  to  be  Confined  and  reported  to  the  Governor. —  And 
the  Inhabitants  of  the  Territory  are  forbidden  to  entertain  or 
comfort  any  person  coming  within  the  same  who  shall  refuse  or 
neglect  to  Comply  with  this  Regulation,  (Ordained  for  Common 
good)  without  making  immediate  report  thereof  to  some  one  of 
the  Conservators  of  the  peace. 

Alien  Inhabitants  not  Specially  Privileged  by  existing  Treat- 
ies of  the  United  States,  must  not  be  permitted  to  Traverse  the 
Territory,  without  a  passport  under  the  hand  and  seal  of  the  Gov- 
ernor. The  Power  of  Administering  the  Oath  of  Allegiance  by 
the  Conservators  of  the  peace  is  further  Continued  to,  and  in- 
clusive of  the  30th  day  of  November  next  ensuing —  so  seeming  to 


GOVERNOR   WINTHROP   SARGENT.  69 

me  essential  to  afford  reasonable  opportunity  within  the  Ter- 
ritory for  taking  the  same. 

Given  under  my  hand  and  seal  at  Concord 
house  near  Natchez  and  Territory  aforesaid 
October  the  18th  Anno  Domini  1798 — And  of  the 
Independence  of  the  United  States  of  America 
the  twentythird. 

(Signed)  Winthrop  Sargent 


By  the  Governor  of  the  Mississippi  Territory 
A  Proclamation 

For  the  preservation  of  peace  and  good  order,  all  persons 
within  this  Territory,  are  hereby  prohibited  from  giving,  or 
Vending  to  any  Indian,  or  Indians,  at  or  within  three  miles  of 
the  Town  of  Natchez,  or  of  any  other  Settlement  of  White  people, 
In  the  Ordinary  Jurisdiction  of  the  Government,  any  Whisky 
Rum,  Brandy,  or  other  Ardent  Spirits,  upon  penalty  of  being 
punished  withe  the  utmost  Rigour. 

This  Prohibition  to  Continue  in  full  force  and  effect  to  the 
first  day  of  November  next. 

Given  under  my  hand  and  seal,  at  Concord  house  near  Natch- 
ez, and  Territory  aforesaid  on  the  18th  day  of  October  1798  and 
of  the  Independence  of  the  United  States  of  America  the  Twenty- 
third. 

(Signed)  Winthrop  Sargent 


Proceedings  in  the  Indian  Department,  the  ioth  of  October  iyo8. 

Friday  19th  of  October  1798  at  Concord  house  near  Natchez 
Mississippi  Territory  the  Chiefs  of  about  two  hundred  Warriors 
of  the  Choctaw  Indians,  stated  to  the  Governor,  that  they  had  re- 
ceived every  species  of  Injuries,  and  insult  from  Cadeans —  That 


70  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

they  had  patiently  endured  the  same  for  a  long  time,  in  the  hope 
and  expectation,  founded  upon  assurances  of  Governor  Gayoso, 
that  they  should  have  obtained  sattisfaction,  without  resorting 
to  War. —  But  disappointed  in  such  expectation,  they  had  em- 
bodied to  the  Number  of  two  thousand,  and  proposed  crossing  the 
Mississippi  to  take  revenge  as  Men  and  Warriors. —  that  they 
were  without  Arms,  Ammunition,  or  Provisions,  and  Relied  upon 
the  Bounty  of  their  Fathers  the  United  States  to  supply  them. 

To  all  which  the  Governor  made  them  upon  the  same  day  the 
following  answer. 
My  Children, 

I  am  glad  to  see  you,  I  take  you  by  the  hand  in  the  name  and 
behalf  of  the  United  States,  and  express  to  you  their  friendly  dis- 
position, for  the  Choctaw  Nation,  which  I  shall  never  fail  to  give 
you  proofs  of  so  far  as  is  proper:  Of  this  my  own  good  will 
towards  you,  there  may  be  now  some  of  your  Warriors  present, 
who  have  had  the  most  Unequivocal  proofs,  and  when  I  call  their 
attention  to  an  affair  happening  at  Fort  Washington  upon  the 
"Belle  Revier"  four  years  since,  where  a  small  party  was  sur- 
rounded by  a  Considerable  Body  of  Drunken  Men,  with  Guns 
and  Tomahawks  in  their  hands. —  They  will  recollect  who  it  was 
that  at  the  risque  of  his  own  life,  saved  theirs, —  gave  them  again 
to  see  their  Wives  and  Children,  and  to  appear  at  this  time  to  sup- 
port and  defend  their  dearest  Interests  a  mark  of  affection  so 
strong,  must  force  your  belief,  that  he  will  always  be  your  best 
friend,  so  long  as  you  conduct  yourselves  well. 

My  Children  I  shall  immediately  cause  you  to  be  furnished 
with  provisions,  but  I  cannot  supply  you  with  Arms,  or  Ammuni- 
tion to  go  to  War  with  the  Indians,  who  are  under  the  protection 
of  the  Spaniards :  Because  we  have  mutually  agreed  to  Restrain 
such  Conduct,  and  that  neither  party  shall  pass  into  the  Territory 
of  the  other  for  hostile  purposes.  If  you  desire  it  I  shall  repre- 
sent your  Grievances  to  Governor  Gayoso,  and  should  ample  sat- 
isfaction not  immediately  be  given  you,  state  the  same  to  the 
President  of  the  United  States,  and  endeavour  to  have  permis- 


GOVERNOR   WINTHROP   SARGENT.  71 

sion  for  you  to  carry  on  the  War  with  that  Vigour  which  you 
seem  so  much  to  desire,  and  in  which  case  you  will  be  amply  sup- 
plied with  Ammunition,  and  so  great  is  my  Love  for  you,  that  I 
will  endeavour  to  obtain  leave  to  interest  myself  as  though  the 
cause  of  Offence,  had  immediately  been  offered  to  me  in  person. 
My  Children,  I  am  but  lately  arrived  in  this  Country,  I  am  not 
prepared  to  meet  your  Wants, —  I  believe  however,  it  can  not  be 
long  before  I  shall  have  it  in  my  power  to  shew  my  Charity  for 
your  Wives  and  Children,  and  to  afford  you  some  Ammunition 
for  the  purpose  of  hunting. —  But  when  you  come  to  see  me, 
it  must  be  in  small  parties,  and  you  must  bring  me  a  Letter  of 
introduction  from  Mr.  Mitchell  who  has  been  appointed  to  reside 
in  your  Nation,  to  do  you  good  offices. —  Your  large  parties  dis- 
tress the  White  people  who  are  not  able  to  furnish  them  with  pro- 
visions—  You  must  Conduct  yourselves  here  soberly  and  with 
good  order,  And  you  must  take  nothing  from  the  Inhabitants 
without  their  Consent,  and  if  they  should  ever  offer  you  any  in- 
jury, which  I  hope  cannot  happen,  you  must  make  your  Com- 
plaints to  me,  and  I  will  cause  you  to  have  Ample  Justice,  for 
such  is  my  duty  as  well  as  inclination,  And  also  to  Observe  one 
general  rule  for  the  white  and  red  people,  that  is  to  afford  them 
all  protection  whilst  they  behave  well  and  equally  to  punish  them, 
if  the  (they)  injure  each  other. 

My  children,  I  talk  to  you  plainly,  for  as  I  have  come  to  reside 
amongst  *you,  it  is  necessary  we  should  fully  Understand  one 
another. —  I  therefore  inform  you,  that  Complaints  have  lately 
been  made  unto  me,  of  white  persons  being  Robbed,  and  ill 
treated,  whilst  traveling  through  your  Country, —  You  must  pre- 
vent this;  but  you  are  to  Suffer  none  of  them  to  come  amongst 
you,  without  a  Writing  from  me,  some  of  the  Governors  of  the 
United  States,  Commander  of  the  Armies  in  this  Country,  or 
other  person  that  the  President  may  specially  appoint  to  give 
Licences,  and  unless  they  have  such  Authority,  you  must  make 
them  prisoners,  and  send  them  to  me. 


72  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

And  all  persons  Attempting  to  Trade  amongst  you,  without  a 
Licence  from  me,  or  some  other  person  whom  the  President  may- 
appoint,  must  be  treated  in  the  same  manner. 

I  have  ordered  you  some  provisions  for  this  day  and  so  soon 
as  you  inform  me  of  the  time  of  your  departure,  I  will  sea  that 

you  are  supplied  for  your  Journey. 

(Signed)  Winthrop  Sargent 


To  James  Wilkinson. 

October  the  20th  1798 
Dear  Sir 

By  Captain  Guion,  I  acknowledge  your  favour  of  the  15th  re- 
ceived the  day  before  yesterday. 

The  Governours  1  Conduct  is  such  as  I  expected  and  I  think 
wrong,  the  Committing  himself  so  much  as  he  did  to  you  even 
out  of  the  Question. 

Of  the  importance  of  retaking  Coxe  I  am  fully  impressed,  and 
will  most  cheerfully  Cooperate  with  you  in  devising  and  Execut- 
ing, any  Plan  for  the  purpose,  and  Authorising  as  far  as  my 
limited  Ability  extends,  any  expense. —  Your  ov/n  proposition 
herein  is  I  think,  a  very  good  one;  but  there  is  no  person  in  my 
View  to  execute  it. —  If  we  could  rely  upon  any  of  the  Soldiers 
in  the  Fort,  the  affair  would  Certainly  wear  a  good  face  and 
promise  us  success. 

I  have  not  time  now  to  be  so  particular  as  I  would  wish, 
upon  this  and  some  other  Subjects,  but  I  shall  take  the  next  op- 
portunity to  write  you  more  fully. —  I  am  making  up  my  dis- 
patches for  your  Express,  and  am  more  than  a  little  troubled  by 
the  Indians,  we  have  upwards  of  one  hundred  who  are  going  to 
war  with  the  Cadeans,  and  demand  of  me  ammunition,  which  you 
know  our  Treaty  with  Spain  forbids  us  supplying. —  Some  how  or 
other  I  hope  to  be  rid  of  them  soon. 


1  Referring  to  Gayoso,  the  Spanish  Governor  of  Louisiana. 


GOVERNOR  WINTHROP  SARGENT.  73 

Accept  my  dear  Sir,  thanks  for  your  kind  Invitation  to  Camp. 
I  will  say  more  thereupon  hereafter,  and  I  am  sure  I  need 
not  assure  you  how  happy  I  should  be  to  make  you  a  Visit. 
Best  wishes  attend  you 
My  Dear  Sir, 

from  yours  affectionately 

(Signed)  Winthrop  Sargent 
His.  Excellency 

General  James  Wilkinson 


To  Andrew  Ellicot. 

Natchez  24th  October  1798. 
Dear  Sir 

Your  measures  with  regard  to  Mr.  Freeman1  appear  to  me 
Strictly  proper,  and  perhaps  the  delay  thereof,  has  been  Neces- 
sary, at  your  request  I  shall  endeavour  to  prevail  on  Mr. 
Howard  a  Conservator  of  the  peace,  to  attend  your  Camp  imme- 
diately, duly  Authorized  to  Authenticate  Depositions  interesting 
to  the  Nation. 

As  he  can  not  be  Compensated  for  this  service  from  any 
Funds  in  my  Controul,  it  will  be  Necessary  that  the  same  should 
be  effected  from  your  means,  for  which  in  my  opinion,  the  United 
States  should  be  debited. 

Being  very  much  engaged  at  present,  I  can  add  only  my  best 
respects,  for  Madam  Minor  the  Major2  and  Compliments  to  the 
Gentlemen  of  my  knowledge. 

My  respects,  and  very  great  esteem  also 
for  yourself  and  am, 

Dear  Sir, 
your  very  humble  servant 

(Signed)  Winthrop  Sargent. 
The  Honble  Andrew  Ellicot 

1  Ellicott  and  Freeman  were  engaged  in  a  very  bitter  quarrel. 

2  Major  Stephen  Minor,  the  representative  of  Spain  with  the  Boundary 
Commission. 


74  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Authority  To  Take  Depositions. 

Joshua  Howard  Esquire  one  of  the  Conservators  of  the  peace 
for  the  Southern  District  of  the  Mississippi  Territory,  is  hereby 
Authorized  to  repair  to  the  Camp  of  the  Honorable  Andrew  Elli- 
cot,  and  there  take  and  Certify,  any  and  all  depositions,  which 
may  be  proposed  unto  him,  and  in  which  the  Interests  of  the 
United  States  are  directly  or  indirectly  implicated. 

Given  under  my  hand  and  Seal  at  Concord  house  near  Natchez 
Mississippi  Territory  October  the  24th  Anno  Domini  1798. 

(Signed)  Winthrop  Sargent 


To  Timothy  Pickering. 

Mississippi  Territory.  Nov.  1st  1798 
Dear  Sir, 

The  very  many  Letters  I  have  taken  leave  to  Address  to  you, 
in  almost,  all  of  which,  I  have  solicited  the  means  of  effecting 
that  Conciliation  with  the  Indians,  which  it  has  been  directed 
me  to  endeavour  to  make,  will  I  am  persuaded  produce  the  Meas- 
ures I  wish,  and  either  enable  me  Completely  to  discharge  the 
Superintendent's  duties,  or  leave  them  altogether  with  the  Mili- 
tary, by  discharging  me  from  Responsibility. 

My  situation  as  it  has  been  Connected  with  the  Indian  affairs, 
has  ever  since  my  arrival  in  the  Country  been  very  disagreeable 
—  though  by  indulgence  from  the  Military,  I  have  been  enabled 
sometimes  to  give  them  a  few  Rations —  But  the  accompanying 
extract  of  a  Letter  from  General  Wilkinson,  seems  to  take  away 
such  power,  and  as  the  Indians  are  every  day  coming  in,  and  call- 
ing upon  me  must  produce  no  inconsiderable  embarrassment, 
I  had  written  unto  the  General  for  his  Opinion,  respecting  my 
taking  into  service  an  Indian  Interpreter,  and  asking  to  receive 
Occasionally  from  the  Public  Stores,  some  of  the  Indian  goods. — 
I  had  also  expressed  a  wish,  that  a  house  in  the  Town  of  Natchez, 
which  had  been  surrendered  up  to  the  Military  with  the  Forts 


GOVERNOR  WINTHROP   SARGENT.  75 

public  Stores  &c,  But  which  was  under  the  Spanish  Government 
appropriated  for  Civil  purposes,  should  be  subject  to  the  Controul 
of  myself,  for  the  Secretary's  and  my  Offices,  and  as  a  place  for 
Convening  the  Legislature  of  the  Territory,  and  to  meet  the  In- 
dians; for  some  of  which  purposes  I  have  been  Constrained  to 
take  a  Building,  that  will  cost  me  three  hundred  Dollars  per  year. 
The  General  writes  me  thus, —  "With  regard  to  your  Ex- 
cellency's having  an  Indian  Interpreter,  I  presume  it  it  may  be 
Justified  by  the  Exigency  of  the  Case. —  But  with  respect  to  your 
Excellency's  appropriation  of  Provisions,  or  the  Goods  transmit- 
ted to  the  Military,  under  Special  orders  from  the  Minister  of 
War,  to  the  Indians,  after  the  most  deliberate  enquiry  and  Con- 
sideration, I  can  not  find  that  it  is  Authorized  by  Government, — 
the  appropriation  of  Provisions  under  your  Excellency's  order 
cannot  take  effect,  before  Special  Laws  and  Special  Contracts  are 
made  for  the  purpose;  but  the  goods  are  subject  to  the  disposition 
of  the  Administration,  and  may  be  ordered  into  any  hands  they 
please, —  The  quantity  however  now  in  store  is  trifling  indeed, 
and  I  am  Constantly  teazed  by  small  parties  of  the  Six  Town 
Choctaws  since  I  have  been  here;  my  Conduct  towards  them  is 
Conformable  to  my  orders,  the  same  which  I  pursued  in  the 
Northwestern  Territory,  and  while  it  is  directed  by  my  Superi- 
ors, and  Aimed  at  the  Public  good,  I  am  persuaded  your  Excel- 
lency will  take  no  exceptions  to  it —  It  is  desirable  that  the  whole 
Indian  Concern  Should  be  Concentrated  to  a  Point  and  Regulated 
by  a  Single  hand,  but  however  desirable,  this  will  be  found  diffi- 
cult, for  being  taught  by  Education  and  habit,  to  look  to  the 
Sword  as  the  source  of  power  and  Arbiter  of  Justice,  a  savages 
attention  can  not  be  diverted  from  Military  Parades,  and  the  dis- 
play of  the  National  Insignia,  Standards,  Arms,  Embattled  ranks, 
and  Martial  Musick  impress  the  Inhabitants  of  our  Forests,  more 
forcibly  than  Argument.  I  should  feel  much  pleasure  in  accom- 
modating Colonel  Steele  at  your  Excellency's  Request,  as  well  as 
from  the  personal  regard  I  bear  him,  but  Considering  the  houses 
surrendered  by  the  Spaniards  to  our  Military,  National  property, 


76  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

I  dare  not  dispose  of  that  in  Question,  Otherwise  than  to  National 
Purposes."    I  forbear  any  remarks  on  the  foregoing, — the  same 
and  any  previous  application  upon  Indian  Affairs,  and  the  public 
property  in  this  Country,  not  Actually  before  appertaining  unto 
the  Military,  will  I  trust  obtain  speedy  attention. 
With  warm  esteem  and  very  sincere  respect, 
I  have  the  honour  to  be, 
My  Dear  Sir 
your  obedient  and  very  humble  servant 

Signed    Winthrop  Sargent. 
The  Honorable  Secretary  of  State. 


To  James  Wilkinson. 

The  Grove  November  2d  1798 
My  Dear  Sir, 

By  Colo  Hamtramach  I  was  honoured  with  your  favour — 
previous  thereto,  I  had  recommended  to  Bruin,  to  dismiss  three 
of  Coxe's  men,  who  had  been  in  Confinement,  though  not  in  Com- 
mission, but  to  detain  Young  Coxe  and  Hancock. — Hinds  I  know 
not  but  shall  if  opportunity  offers,  endeavour  to  make  the  most  of 
him,  always  keeping  in  View  the  Obligation  of  your  Caution. 

That  you  are  governed  by  your  own  opinion  in  the  decision, 
as  to  the  Controul  of  Indian  goods,  Provisions  in  the  Military  De- 
partment &c  is  Certainly  Strictly  proper,  and  that  such  opinion 
has  been  made  up  "upon  the  most  deliberate  Enquiry  and  Consid- 
eration" further  Confirms  me  of  Radical  Defects  in  the  Indian 
System —  the  situation  of  myself  and  demands  almost  every  day 
made  upon  me  by  the  Choctaws,  will  however  under  the  Govern- 
ment of  such  system,  subject  the  United  States  to  increased  ex- 
penses, for  deprived  of  drawing  Rations  from  the  Contractor,  or 
goods  from  the  Indian  Stores,  I  must  be  under  the  Necessity  of 
Satisfying  demands,  at  the  exorbitant  prices  of  this  Country. 


GOVERNOR   WINTHROP   SARGENT.  77 

I  thank  you  for  your  assurances  of  good  Will  to  Colo  Steele 
and  myself,  as  it  relates  to  the  House —  I  was  before  your  Letter 
from  my  much  experience  perfectly  convinced,  of  your  friendly 
and  obliging  disposition  to  me,  In  the  application  for  Colo  Steele 
I  had  National  Convenience  in  View, —  and  for  him  and  myself, 
the  Public  must  furnish  offices  but  'tis  proper  the  Sovereigns 
should  Constitute  the  Guardians  of  Public  property  explicitly, 
and  I  shall  be  satisfied. 
I  am 

My  Dear  Sir, 

With  most  respectfull  Consideration, 
your  affectionate, 

(Signed)  Winthrop  Sargent. 
His  Excellency 

General  Wilkinson, 
Loftis's  Cliffs, 


The  Governor  thought  proper  to  Issue  a  Warrant  in  the 
Words  following. —  and  directed  that  the  same  should  be  entered 
on  the  Journal. 

Natchez  November  7th  1798. 

To  James  Evans  Esquire,  Sheriff  of  the  lower  or  Southern  Dis- 
trict, Mississippi  Territory 
Sir, 

You  are  hereby  Commanded  to  apprehend  if  to  be  found 
within  the  Mississippi  Territory,  and  cause  to  be  brought  before 
William  Dunbar,  and  James  Mcintosh  Esquires,  Conservators  of 
the  peace,  upon  Friday  the  10th  instant,  10  o'clock  A.M.  James 
White  John  Callahan,  and  William  West,1  to  answer  for  high 
crimes  and  Misdemeanors  against  the  United  States. —  for  all 
which  this  shall  be  your  sufficient  Warrant.  You  will  also  sum- 
mon Joshua  Howard  Esquire,  Francis  Smith,  John  Mitchell,  An- 
thony Hackett,  and  Wilford  Hackett,  to  attend  as  Witnesses. 

1  Members  of  Zachariah  Coxe's  party. 


78  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

Given  under  my  hand  and  Seal  at  Natchez,  date  before  men- 
tioned, and  to  be  returned  with  your  proceedings  in  the  Prem- 
ises, to  the  aforesaid  Conservators 

Signed    Winthrop  Sargent, 

Governor 

Note,  For  aid  in  the  Execution  of  this  percept,  Captain  Heth 
commanding  at  Fort  Sargent,1  is  required  to  furnish  you  with 
any  necessary  escort. 


To  William  Dunbar. 

Natchez  7th  of  November  1798— 
Sir, 

Reiterated  applications  have  been  made  unto  me,  upon  the 
subject  of  intestate  Estates,  within  the  Mississippi  Territory 
which  would  properly  come  before  a  Judge  of  Probate,  if  such 
an  officer  was  known, —  so  soon  as  the  Powers  and  duties  thereof 
can  be  defined  by  Law,  I  have  intended  to  make  such  appointment 
for  you  if  perfectly  agreeable. 

In  the  mean  time  there  should  be  some  kind  of  Provision  for 
Exigencies;  I  have  to  request  therefore,  that  in  all  cases  where 
it  may  be  necessary,  you  would  according  to  your  best  Judgment, 
and  rules  that  have  been  observed  in  the  Northwestern  Territory, 
grant  Letters  of  Administration,  when  they  shall  be  required, 
always  taking  Sufficient  Security,  for  faithful  discharge  of  trusts 
that  may  be  reposed,  and  delaying  final  decrees,  until  Laws  in 
Point  may  be  adopted  and  Published. 

I  inclose  unto  you  the  Copy  of  a  precept  issued  this  day  to 
the  Sheriff,  and  will  take  care  that  you  receive  all  Necessary 
information,  before  the  same  is  returnable; —  I  presume  it  will 
be  most  agreeable  to  you,  that  the  Necessary  examinations, 
should  take  place  at  your  own  house, —  if  otherwise  and  oppor- 
tunity presents,   be  good  enough  to  signify  the  same  to  the 

1  The  old  Fort  Panmure  of  the  Spaniards  had  been  named  in  honor  of 
Gov.  Sargent. 


GOVERNOR   WINTHROP   SARGENT.  79 

Sheriff  seasonably. —  My  Special  Confidence  in  you  and  Mr.  Mc- 
intosh, has  induced  me  to  select  you  for  this  Business,  which 
perhaps  is  of  more  than  Common  Consequence,  to  the  quiet  and 
Contentment  of  our  Country. 

I  am  with  very  much  esteem,  and  great  Consideration, 

Dear  Sir, 
your  obedient  humble  servant, 

(Signed)  Winthrop  Sargent. 
William  Dunbar  Esquire. 

\ 



Offer  of  Reward. 

Natchez  Mississippi  Territory 
November  7th  1798 
Three  hundred  Dollars  reward  for  apprehending  and  deliver- 
ing to  the  Undersigned,  or  to  the  Commanding  Officer  at  Fort 
Sargent,  in  the  Town  of  Natchez  Mississippi  Territory,  at  any 
time  within  the  present  year,  Zachariah  Coxe  who  was  Confined 
in  said  Fort,  for  high  Crimes  and  Misdemeanors  against  the 
United  States,  and  made  his  escape  therefrom  upon  the  twenty- 
sixth  of  September  Ultimo. 

(Signed)  Winthrop  Sargent. 


To  James  Wilkinson. 

The  Grove  Evening  of  the  19th  Novr  1798 
My  Dear  Sir, 

Your  two  favours  dated  November  the  4th  came  to  hand  the 
day  before  yesterday,  and  that  of  the  fifth  this  Morning  and  at 
this  place. 

I  have  Cautioned  the  fellow  Specially,  and  Promised  him 
three  hundred  Dollars  for  that  service  which  we  are  both  anxious 
should  be  performed,  but  I  dispair  almost  of  success. 

I  have  issued  a  Proclamation,  offering  three  hundred  Dollars 
Reward  for  apprehending  Zachariah  Coxe, —  this  I  have  been 


80  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

specially  induced  to,  in  order  to  produce  Conviction,  that  we  Jus- 
tify the  Measure  of  his  Confinement,  and  to  do  away  the 
effect  of  a  Monstrous  Manuscript,  (in  size  I  mean)  which  has 
been  handed  about,  at  Natchez  for  very  wicked  purposes  no 
doubt.  I  have  not  read  it,  but  send  it  to  you,  requesting  it  may 
be  soon  returned. —  I  believe  our  friend  White  has  ushered  this 
into  being —  He  was  to  have  been  off  on  the  Morrow  for  Orleans, 
Bag  and  Baggage,  but  some  very  imprudent  Observations,  said  to 
have  been  made  by  him,  have  induced  me  to  order  his  arrest, 
and  on  the  Morrow  he  will  undergo  an  Examination,  before  two 
Conservators  of  the  peace,  and  if  my  information  be  Correct, 
must  be  held  Responsible,  to  appear  hereafter  at  the  Supreme 
Tribunal  of  this  Territory. —  I  would  have  preferred  to  have 
been  quietly  rid  of  him. — Of  old  H.1  .  .  I  know  nothing  of  late, —  I 
believe  him  Capable  of  any  Mischief,  and  will  so  soon  as  he  shall 
enough  Commit  himself,  pursue  every  measure  of  duty,  to  pre- 
vent the  possibility  of  ill  effect  therefrom. 

Your  intelligence  of  excesses  Committed  at  the  Villia  Gayoso, 
and  which  I  believe  to  be  ill  founded,  is  the  only  information 
I  have  obtained  thereupon, —  My  services  for  preservation  of  the 
Public  property,  and  to  notice  outrages  thereupon,  shall  not  be 
wanting. 

Mr.  Clarks2  general  Character  and  your  so  full  Commenda- 
tion of  the  man,  entitle  him  to  very  much  of  my  esteem,  and  Con- 
fidence, — I  have  as  yet  seen  but  little  of  him,  but  Certainly  shall 
treat  him  with  marked  distinction. 

With  great  respect,  I  am 

My  Dear  Sir 

your  very  humble  servant 
(Signed)  Winthrop  Sargent 

His  Excellency 

General  James  Wilkinson 

1  Anthony  Hutchins. 

2  Daniel  Clark. 


GOVERNOR  WINTHROP   SARGENT.  81 

To  Mr.  Welch  {Indian  Interpreter) . 

Natchez  November  14th  1798 
Sir 

I  Received  your  favour  and  am  well  pleased  with  your  past 
exertions, —  You  may  Calculate  upon  my  interest  to  serve  you, 
in  everything  wherein  I  can  Consistently  do  it. —  This  Letter 
is  to  ask  your  services  in  apprehending  Zachariah  Coxe,  a  Pris- 
oner of  the  United  States,  and  sending  him  to  me  at  Natchez — 
By  so  doing  you  will  render  very  important  good  to  our  Country, 
— He  escaped  from  the  Fort  here  on  the  Twentyfifth  of  September 
last,  and  is  to  pass  from  New  Orleans  through  the  Choctaw 
Nation,  and  probably  by  the  Tombigby  Settlement.  If  he  is  taken 
send  him  under  care  of  some  Confidential  Characters,  who  will 
not  suffer  him  to  escape.       I  am  &c  &c 

(Signed)  Winthrop  Sargent. 
Mr...   Welch 

Formerly  an  Indian  Interpreter  at  Natchez. 

Tombigby. 


To  James  Mitchell. 

Natchez  November  14th  1798. 
Sir 

I  send  to  you  an  Express,  with  a  Letter  for  Mr.  Welsh  open 
for  your  inspection,  I  pray  you  to  use  every  exertion  to  take  Coxe, 
and  send  him  to  me —  You  will  thereby  render  very  important 
Services  to  the  United  States,  I  shall  cheerfully  discharge  every 
Reasonable  expense  attending  the  same  —  The  bearer  of  this 
may  be  detained  if  Necessary  to  assist  in  bringing  on  Coxe,  if 
he  is  to  be  taken,  and  it  seems  to  me  more  than  probable  he  may 
pass  in  your  Vicinity. 
I  am  Sir, 

with  much  Consideration 

your  humble  servant, 

(Signed)  Winthrop  Sargent. 
Mr.  Mitchell 


82  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  James  Wilkinson. 

Natchez  14th  of  November  1798. 
My  Dear  Sir 

I  Received  your  favour  with  the  enclosed  paper  of  Kentucky, 
and  am  truly  distressed  at  the  most  abominable  Spirit  which 
seems  prevailing  there, 

In  Consequence  of  your  advice,  and  Calculating  upon  the 
Funds  under  your  Controul,  I  have  dispatched  a  Confidential 
Character,  James  Stuart  to  Mitchell  with  the  Choctaws,  and 
thence  to  one  Welch  of  Tombigby,  request  (ing) —  them  to  ap- 
prehend Coxe. —  Stuart  has  been  sworn  to  secrecy,  and  entrusted 
with  the  Business,  so  that  he  might  himself  apprehend  him,  if 
good  fortune  should  throw  him  in  his  way. 

"Entre  nous"  I  have  had  a  very  long  Confab,  with  Colo  Huch- 
ins,  for  the  first  time  since  I  have  been  in  the  Country — He  seems 
a  little  alarmed  at  something,  and  most  solemnly  protests,  that 
every  assertion  which  he  has  ever  made  in  relation  to  yourself, 

was  from  the  Authority  of and  would  I  am  persuaded  if 

required,  make  such  a  Deposition  for  himself,  as  should  place  his 
Conduct  to  all  but  unbelievers,  in  rather  a  meritorious  Point  of 
View  than  otherwise, —  But  of  this  more  when  we  meet. —  and 
in  the  mean  while  you  will  observe  the  preparatory  Caution.  I 
have  employed  an  Interpreter  and  have  drawn  Rations  for  him — 
If  you  Cannot  Consistently  admit  this,  I  must  Endeavour  to  make 
some  Contract  myself,  not  only  for  the  present  purpose,  But  Oc- 
casionally to  give  a  little  Bread,  and  Beef,  to  the  Indians,  who 
are  too  much  troubling  me. —  I  request  when  you  order  them  any 
whisky,  they  may  be  obliged  to  take  it  out  of  Town,  otherwise 
they  will  give  me  great  trouble. —  Drunk  a  few  days  past,  they 
had  almost  Committed  Murder. —  Natchez  from  the  perverseness 
of  some  of  the  people,  the  Ebriety  of  Indians  and  Negroes 
on  Sundays,  has  become  a  most  Abominable  place. —  I  must 
myself  in  the  absence  of  the  Judges,  aim  at  some  Police,  but 


GOVERNOR   WINTHROP   SARGENT.  83 

'twill  be  ineffectual  without  aid  of  the  Garrison, —  Can  you  be 
good  enough  to  Command  it. 

Accept  my  best  Wishes,  and  believe  me 
to  be, 
My  Dear  Sir, 

very  affectionately 

your  friend  and  humble  servant 

Signed    Winthrop  Sargent, 
His  Excellency  General  James  Wilkinson, 


To  Cato  West.1 

Natchez  23d  November  1798. 
Sir 

I  have  received  from  you  several  Letters  mentioning  Vacan- 
cies, in  the  Legion  under  your  order,  with  a  list  of  persons  rec- 
ommended to  supply  some  of  them,  but  not  all. 

I  have  desired  Major  Gorault  to  Confer  with  you,  so  that  at 
last,  I  may  render  this  Business  by  one  order  final,  and  which  I 
would  wish,  might  also  embrace  the  Subject  of  the  Uniform, 
and  all  other  matters  that  may  be  noticed  in  that  address,  which 
you  inform  me  is  to  be  presented, —  As  the  Multiplying  of  writ- 
ings if  not  absolutely  Necessary,  I  would  avoid,  the  same  inter- 
fering with  other  engagements,  of  no  inconsiderable  public  im- 
portance. You  have  written  to  me  Sir,  in  strong  adverse  terms 
to  the  placing  of  a  Prison  for  the  upper  District  at  Union  Town, 
where  I  am  assured,  by  some  respectable  Authority,  Lands  will 
be  given  for  public  uses, — the  Jail  Built  by  private  Subscription, 
and  also  a  house  for  Courts  supplied  upon  the  same  terms,  until 
a  suitable  Building  can  be  provided  for. 

As  I  have  respect  for  your  Judgment,  knowledge  of  the  peo- 
ple, and  Country,  I  have  to  desire  you  would  give  me  information 
of  any  place,  uniting  more,  or  equal  Public  Convenience,  with  the 

1  Afterwards  Territorial  Secretary  in  Claiborne's  administration. 


84  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

disposition  to  erect  a  Prison,  free  of  Expense  to  your  District, 
I  am, 
Sir, 

with  much  Consideration, 

your  most  obedient 

(Signed)  Winthrop  Sargent. 
Col.  West. 


To  Messrs.  Peter  Walker  and  Lewis  Evans. 

Natchez  November  24th  1798, 
Gentlemen, 

The  Timber  for  a  Jail1  in  the  lower  District  of  the  Mississippi 
Territory,  being  now  at  the  Landing  of  this  place,  ready  to  be 
transported  to  a  proper  site,  for  erecting  such  a  Necessary 
Building,  I  have  to  request,  you  would  View  the  Grounds  in,  and 
adjacent  to  the  Town,  and  fix  upon  some  suitable  spot,  having  in 
View  all  the  Requisites  for  the  Occasion,  amongst  which  are 
principally,  Salubrity  of  Air,  facility  of  supplying  water,  Neces- 
sary Security,  in  case  of  intention  to  Rescue  from  confinement  by 
appeal  to  the  Inhabitants,  and  the  Expense  of  possessing  suffi- 
cient Grounds,  not  only  for  the  Prison,  but  a  Court  house, —  I 
wish  you  to  Counsel  with  Judge  Bruin  upon  this  Business. 

(Signed)  Winthrop  Sargent, 

Messrs  Peter  Walker  &  Lewis  Evans, 


To  Monsieur.  Filhiue,  Commandant  Fort  Mero. 

Natchez  Mississippi  Territory 

December  1st  1798. 
Sir 

Being  perfectly  disposed  to  aid  the  operation  of  Justice  in 
Benefit  even  to  Nations  unconnected  by  amity  with  the  United 

1  This  was  the  first  building  erected  in  Mississippi  Territory  for  public 
purposes. 


GOVERNOR   WINTHROP   SARGENT.  85 

States,  and  persuaded  that  'tis  their  intention  to  Consider  Spain 
in  a  Very  favourable  Point  of  view,  I  am  anxious  Promptly 
to  deliver  over,  to  your  Justice,  the  fugitives  therefrom,  and 
Could  not  hesitate  a  moment  to  surrender  any  atrocious  Malefac- 
tor, escaping  from  your  Government,  and  found  within  this  Ter- 
ritory, had  not  an  Asylum  been  granted,  to  a  most  abandoned 
offender  against  the  United  States,  within  the  Province  of  Lou- 
isiana. His  Excellency  the  Governor  General  believing  the 
Treaty  made  no  Provision,  to  Authorize  his  giving  him  up  at  my 
request;  having  however  no  reason  to  alter  an  Opinion  then  Ex- 
pressed (save  the  Example  of  his  Excellency)  I  shall  demon- 
strate my  Zeal  in  the  cause  of  Justice,  and  the  Amities  of  my 
Nation,  by  arresting  Palmer,  if  he  is  to  be  found  within  my 
Jurisdiction, —  of  which  I  shall  advertize  you,  and  demand  In- 
structions from  the  General  Government  of  the  United  States,  I 
am  &c  &c 

(Signed)  Winthrop  Sargent. 
Monsieur  Filhiue  Commandant  Fort  Mero 


To  Cato  West.1 

Natchez  December  4th  1798 
Sir 

I  now  enclose  you  a  Complete  list  of  Officers  to  the  Legion 
under  your  Command —  Not  however  According  exactly  with 
your  Nomination, —  but  no  Consideration  of  a  Private  nature, 
will  I  trust  Operate  in  your  mind  to  the  injury  of  service. 

Although  Major  Harrison  had  actually  made  his  resignation, 
yet  as  the  cause  was  absolute  necessity,  and  not  dislike  to  service, 
and  so  soon  as  such  Necessity  ceased  he  signified  in  a  manner 
very  reputable  to  himself,  a  desire  to  act  in  any  Station,  for  which 
I  might  believe  him  Qualified —  he  ought  not  to  be  excluded,  and 
he  Certainly  seems  very  Capable  of  Military  Service.    You  men- 

1  Col.  West  soon  become  one  of  the  leaders  in  opposition  to  the  Sargent 
administration. 


86  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

tioned  to  me  in  your  last,  Letter,  that  you  were  assured  people 
would  Generously  Contribute  to  Building  a  Jail  &c —  if  it  was  to 
be  in  any  "nearly  proper  Situation" —  if  you  will  inform  me  of 
such  situation,  with  full  assurance  of  the  Necessary  Buildings, 
I  shall  sanction  the  same  without  delay,  Provided  that  if  the 
situation  which  may  be  proposed  should  be  remote  from  Popu- 
lation, the  advocates  thereof,  will  give  security  to  the  Jail,  till  it 
acquire  it  by  sufficient  accession  of  Inhabitants. 

The  Prison  being  now  most  absolutely  necessary,  and  it  ap- 
pearing to  me  also,  that  no  new  delay  should  take  place  in  desig- 
nating the  seat  of  Justice,  I  wish  to  receive  from  you,  a  reply 
to  this  Letter  so  soon  as  is  Convenient.    I  am 
Sir, 

your  most  obedient  servant, 

(Signed)  Winthrop  Sargent. 

Lieutenant  Col.   Cato  West. 


Militia  Orders. 


Mississippi  Territory 

December  the  4th  1798 

The  Governor  has  taken  the  earliest  opportunity  of  signify- 
ing to  the  Gentlemen  Officers,  of  the  Northern  or  upper  Legion, 
his  approbation  of  their  Choice  of  Uniform. — desirous  of  promot- 
ing their  wishes  by  every  means  in  his  power,  he  will  make  ap- 
plication to  the  Supreme  Executive  of  the  United  States,  for  a 
supply  of  Arms  and  Accoutrements,  as  they  have  proposed,  so 
soon  as  a  Complete  return,  of  deficiencies,  shall  be  made  unto  him. 

Lieutenant  Colonel  West,  having  reported  some  Characters 
intended  for  officers  in  the  Corps  under  his  Command,  as  declining 
the  honour  and  duty  of  Serving  their  Country,  the  Governor  has 
so  filled  up  the  Vacancies  thereby  Occasioned  that  he  persuades 
himself,  the  Legion  could  not  have  been  better  officered. 

The  following  is  the  list  of  Gentlemen,  who  are  to  be  Com- 
missioned, so  disposed  According  to  the  best  information  which 


GOVERNOR   WINTHROP   SARGENT.  87 

the  Governor  has  been  able  to  obtain,  as  will  most  promote  their 
general  Convenience,  and  the  good  of  service. 

Cato  West  Esquire  Lieutenant  Colonel  Commandant. 
John  Gerault  Esquire  Major  of  Cavalry, 
William  Thomas,  Henry  Green,  and  Thomas  Calvit  Es- 
quires Captains, 
James  Truly,  George  Salier,  and  John  Brooks  Gentlemen 

Lieutenants. 
James  Spain,  Jacob  Stamply,  and  John  Rumsey  Gentlemen 

Cornets, 
Richard  Harrison  Esquire,  Major  of  Infantry, 
Roger  Dixon,  Arthur  Carney,  and  Tobias  Brashears  Es- 
quires Captains. 
James  Mclntyre,   Gibson   Clark,   and   George  W.   Hum- 
phreys Gentlemen  Lieutenants, 
Charles  Boudman,  James  Davenport,  and  Eden  Brashears 

Gentlemen  Ensigns. 
James  Mclntyre.  Adjutant. 
They  are  to  be  obeyed,  and  respected,  agreeably  to  their  re- 
spective appointments,  and  Military  usage. 

Given  at  Natchez  date  before  mentioned 

by 
(Signed)  Winthrop  Sargent 

Governor  and  Commander  in  Chief 
of  the  Militia. 


To  James  Mitchell. 

Natchez  December  10th  1798 
Sir 

When  I  saw  you  here,  you  were  told,  and  truly  told  that  I 

was  not  possessed,  of  the  means  of  making  any  presents  to  the 

Indians;  that  it  was  uncertain  when  and  what  supplies  I  might 

receive  for  such  purpose,  and  that  I  Certainly  could  not  expect 

any  until  the  rising  of  the  Waters,  that  therefore  the  Indians 


88  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

should  be  put  off  with  fair  words  untill  deeds  were  in  my  power, 
of  which  you  should  be  seasonably  advertized,  and  further  that 
the  large  War  party  destined  for  this  place,  coming  on  with  the 
expectation,  which  it  seems  you  had  inadvertly  Encouraged,  of 
receiving  Ammunition  from  me  should  be  put  back,  or  turned 
aside, —  They  however  came  on,  and  unprepared  as  I  was  to  meet 
them,  I  sent  them  off  in  tolerable  Temper,  not  however  without  a 
great  deal  of  Drunkenness,  and  Consequent  mischief  from  them 
and  others  who  in  very  Considerable  numbers  are  every  day  Vis- 
iting me —  Scarcely  was  I  well  rid  of  this  War  party,  'ere  I 
received  a  long  List  of  very  great  men,  as  you  have  represented 
them,  that  you  had  permitted  to  Visit  me,  and  upon  the  good 
reception  of  whom,  your  well  being,  and  the  interests  of  the 
United  States,  very  much  depended —  Upon  my  own  order  there- 
fore, I  made  some  provisions  for  small  Donations,  believing  that 
here  the  Business  would  have  had  a  pause,  But  every  day  Sir, 
I  find  Chiefs  and  great  Captains,  coming  in  with  your  pass- 
ports, and  whose  expectations  from  assurances,  they  inform  me 
they  had  from  you,  are  very  much  raised, —  'tis  a  Misfortune 
to  the  United  States,  a  source  of  great  Anxiety  to  me,  and 
perhaps  may  be  an  injury  to  you,  that  I  can  not  answer  them, 
but  'tis  really  out  of  my  Power,  nor  do  I  believe  General  Wil- 
kinson has  the  means  at  present. —  But  I  am  not  informed  what 
Indian  Goods  may  be  with  the  Military,  or  what  the  Choctaws 
have  ben  led  to  expect,  from  them,  for  to  the  present  Moment, 
I  am  ignorant  of  the  Correspondence,  and  Communications,  be- 
tween you  Captain  Guion,  and  the  preceding  Commandants  in 
this  Territory.  I  am, 
Sir, 
your  humble  Servant, 

(Signed)  Winthrop  Sargent 
Mr.  Mitchell 

Agent  with  the  Choctaws. 


GOVERNOR  WINTHROP   SARGENT.  89 

To  Timothy  Pickering. 

Natchez  December  20th  1798 
Mississippi  Territory 
Sir 

The  Inhabitants  of  this  Country  have  solicited,  that  the  Hon- 
ourable Congress,  would  be  pleased  to  extend  unto  them,  sim- 
ilar Benefits  with  those  ordained,  for  promoting  religious  pur- 
poses, and  the  advancement  of  Seminaries  of  Learning,  in  Dis- 
tricts of  their  Northwestern  Territory  —  I  take  leave  Sir,  to 
enclose  their  Address,  requesting  the  same  may  be  laid  before 
Congress. —  the  Advantages  which  will  result  from  Granting 
their  Petition,  are  so  obvious,  that  I  forbear  an  Observation 
thereupon. 

In  several  of  my  former  Letters  Sir,  I  have  presumed  to  ex- 
press an  opinion,  of  the  Necessity  of  early  attention  to  the  Land 
Claims  of  the  people  here. —  soured  by  the  seeming  inattention 
of  the  General  Government,  which  no  doubt  is  insidiously  Bla- 
zoned, by  Spanish  Emissaries,  we  are  loosing  of  the  Inhabitants 
whilst  discontent  is  every  moment  encreasing  amongst  those 
who  remain  behind, —  and  indeed  it  is  not  very  strange,  that 
so  it  should  be,  for  destitute  of  Municiple  Laws  or  efficient  Magis- 
trates, our  state  is  truly  deplorable,  and  until  the  arrival  of  the 
Judges,  it  Can  not  be  otherwise. —  Diffused  over  our  Country, 
are  Aliens  of  Various  Characters  and  amongst  them  the  most 
Abandoned  of  Vilains  who  have  escaped  from  the  Chains  and 
Prisons  of  Spain,  and  been  Convicted  of  the  Blackest  of  Crimes — 
It  would  be  wise  and  good  Policy,  I  should  Conceive  Sir,  that 
Provision  might  be  made  for  promptly  extirpating  such  from 
our  Territory,  for  'tis  enough  for  to  Correct  and  punish  our 
own  Crimes,  and  even  this  seems  at  present  totally  beyond  our 
Ability —  We  have  no  Prisons,  no  sufficient  places  of  Confine- 
ment, and  the  Vilest  offenders  therefore  Calculate  with  some 
Certainty  unon  impunity. — I  have  done  every  thing  in  my 
power,  more  perhaps,  but  I  trust  necessity  will  plead  my  Justi- 
fication,—  All  however  is  inadequate,  and  very  Just  Causes  of 


90  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Complaint  will  remain,  till  some  Complete  system  for  our  good 
regulation,  be  adopted  which  I  most  fervently  supplicate  may 
no  longer  be  delayed. —  I  pray  it  for  the  sake  of  the  people, 
for  the  fair  Reputation  and  Dignity  of  the  United  States,  and 
for  my  own  honour  peace  and  quiet: —  I  am  here  Sir,  a  mere 
Cipher,  and  Tortured  by  Ten  Thousand  evils,  which  I  can  not 
remidy  or  redress. —  My  situation  is  distressing,  and  but  for  the 
Continuance  of  hope  would  be  truly  Wretched. 

The  Task  of  the  Judges  and  myself  will  be  more  and  more 
arduous  as  they  shall  delay  coming  to  the  Territory;  released 
from  Spanish  Bondage,  this  Country  would  have  reecived  with 
Rapture,  any  Code  of  Laws  from  the  United  States,  but  being 
almost  in  a  State  of  Nature,  since  their  Emancipation,  the  very 
mildest  statutes,  I  am  apprehensive  may  be  Considered  as  op- 
pressive,—  I  shall  however  you  may  rest  assured  Sir,  Continue 
to  use  my  best  endeavours,  at  all  times  to  Conciliate  them  to 
Good  Government,  and  the  National  Interests,  remembering  al- 
ways my  duty,  to  the  Sovereign  Authority. 

The  Population  of  this  Country  Sir,  as  I  have  already  assured 
you  is  small. —  Very  inferior  to  the  Adjacent  Establishments 
in  Louisiana,  and  this  Consideration,  in  our  distant  and  de- 
fenceless state,  upon  any  Occasion  of  Disgust  with  the  General 
Government,  might  incline  them  to  seek  a  reunion  with  their 
old  Province.1 —  A  liberal  or  Equitable  decision  however  upon 
their  Land  Claims  would  I  should  believe  produce  a  preference 
for  the  United  States,  But  remaining  a  very  small  people  a  mere 
handfull  of  men,  their  apprehensions  from  red  as  well  as  White 
Neighbours  might  Nevertheless,  induce  a  Conduct  Nationally 
injurious, —  To  provide  against  which  Sir,  I  humbly  Conceive 
it  would  be  very  good  Policy,  to  open  as  immediately  as  possi- 
ble, in  this  Country  a  Land  Office, —  and  Encourage  Settlements 
to  a  Considerable  Population, —  for  with  our  present  numbers, 
we  are  in  Continual  Anxiety  from  the  Choctaw  Indians, — They 
are  almost  always  in  our  settlements,  and  living  upon  us  — 

1  It  was  the  policy  of  the  Spanish  Government  to  offer  special  induce- 
ments to  settlers  by  liberal  land  laws. 


GOVERNOR  WINTHROP   SARGENT.  91 

Their  numbers  so  great  that  the  defenceless  Planters,  are  very 
oft.  fair  to  sacrifice  almost  their  whole  Crops, —  for  the  Preser- 
vation of  their  lives,  and  it  not  unfrequently  happens,  that 
those  Indians  are  Nevertheless  Insolent, —  I  trust  and  pray  Sir, 
for  and  in  behalf  of  the  Inhabitants  of  this  Territory,  and 
myself  that  some  measures  may  be  taken,  to  remidy  this  almost 
intolerable  evil. —  It  was  somewhat  Complained  of  under  the 
Spanish  Government,  but  as  they  took  care  to  furnish  those 
presents,  which  it  was  always  their  Custom  to  bestow,  in  places 
remote  from  Plantation  Settlements,  their  sufferings  were  not 
so  great  as  ours — 

We  must  I  Conceive  Sir,  submit  to  make  the  Choctaw  In- 
dians Annual  Presents,  or  be  at  War  with  them,  for  Individuals 
will  not  always  be  Constrained  to  perform  this  perhaps  duty 
of  the  Public,  they  will  resist  with  Temper  and  Violence,  and 
Hostilities  be  the  Consequence. 

A  few  more  Inhabitants  to  make  us  respectable  and  some 
formal  Covenant  for  regular  and  stated  presents,  to  the  Indians 
would  I  believe  put  us  right  — their  presents  however,  should 
be  made  at  a  distance  from  our  settlements,  for  but  to  preserve 
amity  with  the  White  and  red  people,  is  to  keep  them  far  apart — 
I  would  wish  Sir,  to  give  you  a  good  and  satisfactory  account  of 
the  Millitia,  but  they  are  not  so  arranged  as  to  enable  me  to 
make  unto  you  a  Complete  return, —  I  suppose  however  they  will 
amount  to  about  Eight  Hundred,  but  very  destitute  of  Arms — 
one  half  this  number  will  be  Cavalry, —  They  are  desirous  of 
receiving  Arms  from  the  United  States,  by  purchase,  and  if  the 
same  could  be  Complied  with,  and  such  sent  on,  it  might  be 
Beneficial  to  the  Nation,  as  well  as  Individuals  of  this  Territory. 
My  own  opinion  is  Sir,  that  the  Horsemen  of  this  Country, 
should  be  armed  with  one  Pistol  Only,  Swords  of  Straight  Blades, 


92  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

and  Short  Carbines  with  long  Bayonets,  which  would  enable 
them  to  fight  on  foot,  as  well  as  on  Horseback. 
I  have  the  honour  to  be, 
Sir,  &c  &c 

(signed)  Winthrop  Sargent 
The  Honourable  Secretary  of  State. 


To  Adam  Binghaman. 

The  Grove  20th  of  December  1798. 
Sir 

Yesterday  was  put  into  my  hands  a  note  from  you  that 
I  suppose  may  have  lain  some  time  in  those  of  a  servant  of 
mine  in  Town — Informing  me  of  a  Melancholy  event  which  had 
taken  place  in  your  Family,  and  the  determination  to  decline 
your  office  as  Major  of  Militia. — 

For  the  death  of  your  Child  Sir,  I  am  truly  sorry,  and  sin- 
cerely sympathize  with  Mrs.  Binghaman  and  yourself. — I  had 
believed  that  this  Misfortune  to  your  family,  could  not  have  an- 
nulled the  Obligation  of  your  Promise,  to  perform  the  duties  if 
the  Commandant  of  Infantry  in  the  Southern  Legion,  until  the 
Militia  was  Organized  Completely  &c.  You  were  appointed 
under  a  full  persuasion  that  you  was  of  Character  Unequivocally 
American,  and  I  could  Conceive  no  sufficient  Cause  for  such 
declining  those  duties,  which  every  man  wishing  well  to  the 
present  Government,  under  the  order  of  the  United  States,  is  in 
honour  bound  to  perform, —  There  are  some  perhaps  within  this 
Territory  who  may  deprecate  all  allegiance  to  the  United  States, 
and  others  who  have  a  Predelection  to  the  state  of  Nature. — 
But  I  flattered  myself  Mr.  Binghaman  came  not  within  the 
discription,  of  either  of  those  Characters, —  Be  this  however 
as  it  may,  I  deem  it  Encumbent  upon  him,  to  make  report  of 
the  state  of  the  officers,  men  Enrolled  under  his  Command,  and 
a  return  of  the  Orders  which  were  given,  for  his  Government, 


GOVERNOR  WINTHROP   SARGENT.  93 

at  the  time  of  his  appointment,  before  he  can  believe  himself 
released  from  the  Obligations,  of  duty  and  of  Promise. 
I  am  Sir, 
your  most  obedient  humble  servant 

Signed  Winthrop  Sargent 
Mr.  Adam  Binghaman, 


To  Timothy  Pickering. 

Mississippi  Territory  December  11  1798 
My  Dear  Sir 

The  absence  of  the  Judges  Continues  us  yet  almost  in  a  State 
of  Anarchy,  and  is  truly  distressing  to  me. —  I  know  not  what 
will  be  the  End  of  it, —  the  Secretary  has  been  so  very  ill  ever 
since  his  arrival  in  the  Territory,  that  it  is  doubtful  if  he  can 
recover —  and  to  Multiply  my  Embarrassments,  the  Indian 
Agent  with  the  Choctaws,  (Samuel  Mitchell),  is  crowding  me 
almost  every  day  with  some  of  their  Chiefs,  and  I  have  been 
Constrained  in  Consequence  to  purchase  Blankets  &c.  to  the 
Amount  of  nearly  four  hundred  Dollars,  for  which  I  have  drawn 
a  Bill  in  favour  of  Mr  Abijah  Hunt,  and  which  I  request  you 
would  Cause  to  be  duly  honoured. —  It  has  been  fortunate,  per- 
haps that  Mr  Hunt  was  here,  for  otherwise  I  might  not  have 
obtained  Credit,  and  the  Indians  been  if  possible  more  dissat- 
isfied—  They  have  indeed  Cause  of  Complaint,  for  by  Mr.  Elli- 
cotts  Indian  Communications,  it  appears  they  have  been  prom- 
ised very  much,  and  I  verily  believe  as  yet  Little  has  been  per- 
formed. It  Certainly  seems  advisable  for  Government,  (if  'tis 
the  intention  to  Continue  this  Country  tenable)  for  the  present 
somewhat  to  notice  the  Choctaw  Nation,  and  to  provide  imme- 
diately for  Populating  sufficiently  hereafter  this  Frontier  Con- 
fine,—  for  the  few  scattered  Inhabitants  of  the  Territory,  are 
every  day  thining  by  the  Machinations  of  a  Doctor  White,1  (for- 
merly of  Congress,)  and  other  malcontents. — 

1  White  moved  to  the  Spanish  possessions,  and  attempted  to  carry  a 
colony  with  him. 


94  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Coxe  who  has  had  some  Communion  with  those  people  is  I 
believe  about  Establishing  himself,  with  his  Banditti,  some- 
where within  the  Spanish  Line,  and  I  am  more  confirmed  than 
ever,  that  very  improper  Countenance  was  shown  him  by  Gov- 
ernor Gayoso,  but  upon  this  head  General  Wilkinson  has  Com- 
municated so  fully,  that  nothing  is  left  for  me  to  add. 

Coxe  has  seemed  to  me  under  the  present  Circumstances  of 
the  upper  Country  as  we  receive  them  so  Capable  of  doing  great 
Mischief,  to  the  United  States,  that  I  had  sent  off  a  runner  to 
the  Choctaw  Nation,  requesting  the  Agent  to  arrest  him  and 
bring  him  back  in  case  he  should  take  that  route  from  Orleans. — 
No  1.  2.  3.  &  4.  will  place  this  Business  fair  to  your  View,  and 
perhaps  Convince  you,  as  they  have  me,  that  our  Agent  is 
either  Knave  or  fool,  but  I  strongly  suspect  the  former. —  The 
mere  Circumstance  of  Coxes  being  in  the  Indian  Country,  with- 
out a  passport  should  have  been  Enough  for  the  Agent  to  have 
had  him  arrested  and  brought  back —  However  as  he  is  of  Colo 
Hawkins's  appointment,  and  I  am  totally  uninformed  of  his  Char- 
acter, I  have  been  silent,  but  you  can  not  doubt  he  has  entirely 
lost  my  Confidence,  or  of  my  desire  that  he  should  be  imme- 
diately disgraced,  by  removal;  upon  which  subject  I  request  you 
to  instruct  me. 

In  the  Choctaw  Nation  we  should  have  a  man  of  respecta- 
bility and  influence,  for  we  must  Calculate  upon  having  the 
Spanish  interests  Jealousies  and  Malevolence  to  Contend  with. 

Before  I  close  this  Sir,  I  take  leave  to  observe  that  it  seems 

Absolutely  Necessary,  I  should  be  furnished  with  some  Fund 

for  Contingencies. — Had  it  not  been  that  Mr.  Hunt  was  willing 

to  take  my Draught,  I  must  have  been  very  much 

distressed,  by  the  Injury  which  would  have  Accrued  to  the  Pub- 
lic Besides  the  Indian  Goods  absolutely  Essential  in  this  De- 
partment, I  must  often  incur  Expense  for  Expresses,  and  other 


GOVERNOR  WINTHROP   SARGENT.  95 

public  Purposes,  as  well  as  some  which  perhaps  should  be  secret. 
I  have  the  honour  to  be 
Dear  Sir 

your  very  humble  servant 

Signed  Winthrop  Sargent 
The  Honourable  Secretary  of  State. 

This  Copy  was  sent  by  express  from  Maj.  Cushing  and  who 
set  out  on  the  10th  of  Aug.  1799  for  Nashville. 

A  Copy  of  the  foregoing  from  the  first  page  was  made  for 
transmission  to  the  Secretary  of  State,  to  which  was  annexed  a 
Certificate  in  the  words  following  Viz. 

I  do  Certify  that  the  foregoing  Pages  from  No.  one  to  one 
hundred  and  five  (inclusive)  Contain  a  Copy  of  the  Journal  of 
"the  Proceedings  of  the  Governor  in  his  Executive  Department" 
from  the  21st  of  May  until  the  31st  of  December  1798 — 

Given  under  my  hand  and  seal  as  "Secretary"  in  and  for  the 
Mississippi  Territory  in  the  County  of  Adams,  this  eighteenth 
day  of  June  in  the  year  One  thousand  seven  Hundred  and  Nine- 
ty nine  John  Steele    [L.S.] 


To  Peter  Bryan  Bruin. 

Natchez  1799  Jany.  3 
The  Governor  has  received  the  note  which  Judge  Bruin  has 
been  good  enough  to  send  him,  enclosing  the  Letter  from  Mr. 
Brashears —  Will  Judge  Bruin  be  so  Obliging  as  to  signify  to 
Mr.  Brashears  the  Governors  full  approbation  of  his  Zeal  in  the 
service  of  his  country —  the  sound  Judgment  of  a  few  such  well 
disposed  men  as  Mr.  Brashears  will  be  sufficient  to  Counteract 
the  Machinations  of  more  cunning,  and  more  Mischievous  Char- 
acters than  the  Burnet  he  has  mentioned.  Burnet  however 
should  in  the  opinion  of  the  Governor  be  immediately  noticed 
by  the  Judge,  and  if  his  conduct  has  been  such  as  is  represented 
he  ought  to  be  Committed  to  Prison  unless  he  can  give  very  good 


96  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

security  for  his  future  good  behaviour.  A  man  by  name  of  Bur- 
net, and  probably  the  same,  mentioned  in  Mr.  Brashears's  letter 
was  reported  to  the  Governor  upon  his  arrival  in  the  Mississippi 
Territory  as  a  most  inveterate  Foe  to  the  Americans  generally, 
and  that  he  had  been  known  publicly  to  Express  his  Wishes  that 
every  one  of  them  coming  to  this  Country  might  be  massacred 
or  forced  to  return  with  the  Loss  of  his  scalp. —  Surely  no 
people  of  the  United  States  can  be  so  misguided  then  as  to  be- 
lieve such  a  Character  a  proper  Reformer  of  any  Government 
even  in  the  worst  possible  situation  of  men  and  things. 
January  3d  1799.    Natchez 


To  Peter  Bryan  Bruin. 

Tuesday  Morning  7th  of  January 

1799  the  Grove 
Dear  Sir, 

I  hope  to  have  met  you  in  Town  the  day  before  yesterday  and 
been  informed  what  steps  were  taken  with  that  Incendiary 
Burnet. —  It  will  be  proper  I  should  be  present  at  his  Examina- 
tion at  least  I  wish  it —  The  General  is  very  much  displeased 
at  the  liberties  he  has  taken  with  his  name  and  the  falsehoods 
he  has  uttered —  The  General  writes  me  that  desertion  is  pre- 
vailing in  his  Camp  to  the  most  alarming  degree. —  It  can  only 
be  prevented  by  some  stipulation  with  Governor  Gayoso,  which 
it  seems  he  is  willing  to  enter  into. —  I  propose  therefore  im- 
mediately to  issue  my  Proclamation  that  no  Foreigner  shall  be 
permitted  to  enter  the  Territory  without  a  passport  from  the 
Supreme  Authority  whence  he  has  Migrated  which  must  be  duly 
authenticated  by  seal  and  signature —  Be  good  enough  to  give 
me  your  sentiments  upon  this  Measure. 

With  respectful  esteem  I  am 
Dear  Sir, 

yours   &c   &c 

(Signed)   Winthrop  Sargent 
The  Honble  Judge  Bruin 


t  UNIVERSITY  I 


t*\^ 


GOVERNOR  WINTHROP  SARGENT.  97 

To  President  John  Adams. 

January  8th  1799. 

Mississippi  Territory 
Sir 

At  the  Special  desire  of  the  Inhabitants  of  this  Territory,  I 
have  the  honour  to  transmit  unto  you  their  enclosed  address, 
Though  deprecating  with  them  in  great  Measure  a  War  for  the 
United  States,  I  feel  nevertheless  all  the  impatience  of  a  sol- 
dier at  Public  Wrongs  and  so  far  as  I  may  confide  in  my  zeal, 
attachment,  and  intentions  for  the  honour  and  Independence  of 
our  Country,  I  take  leave  to  Pledge  myself  to  the  Utmost  of  my 
Power  at  the  head  of  this  people,  or  in  any  other  Station  Govern- 
ment may  place  me,  for  every  possible  personal  exertion  to  their 
service  in  peace  or  in  War. 

With  every  sentiment  of  respect, 
I  have  the  honour  to  be, 
Sir, 

your  most  obedient 

most  devoted  servant 
(Signed)  Winthrop  Sargent 
The  President  of  the  United  States. 


To  President  John  Adams. 

Private.  January  the  8th  1798 

Mississippi  Territory 
Dear  Sir 

In  transmitting  an  Address  from  the  people  of  this  Territory 
an  opportunity  is  offered  of  most  respectfully  tendering  my  very 
best  wishes  to  you  and  Mrs  Adams  at  the  least  hazard  of  intru- 
sion and  I  take  leave  also  of  assuring  you  of  my  sincere  desire 
to  be  useful  to  you  in  this  Country —  you  can  not  indeed  Sir 
afford  me  a  much  greater  Satisfaction  than  by  directing  how 
I  may  Contribute  to  your  pleasure  or  your  service.    My  Public 


98  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

duties  to  the  President  of  the  United  States  important  as  they 
are  impressed  upon  my  mind  produce  not  more  devotion  than 
my  Respect  and  Admiration  of  his  private  Character. —  With 
such  sentiments  Sir  it  can  not  be  doubted  I  received  the  infor- 
mation of  your  Election  to  the  so  Dignified  Station  with  almost 
ineffable  pleasure  — I  believed  it  amongst  the  very  highest  order 
of  Blessings  for  my  Country  and  have  been  rendered  happy  by 
the  assurance  that  every  Act  of  your  Administration  has  tended 
to  make  new  Converts  to  such  faith. 

Early  Sir  should  I  have  come  forward  with  most  respectful 
Salutations  to  the  President  but  my  humble  Station  offered  not 
the  Occasion.  Though  possessing  a  soul  as  firmly  attached  to 
Government  as  any  man  in  the  Union,  I  dreaded  to  intrude  and 
from  the  same  motive  I  add  only  most  sincere  prayers  for  the 
uninterrupted  felicity  of  yourself  and  Mrs  Adams. 

I  have  the  Honour  to  be  with  most  respectful 
Consideration, 
Dear  Sir, 

your  most  Obedient  and  devoted  servant, 

(Signed)   Winthrop  Sargent. 
The  President  of  the  United  States — 


To  Timothy  Pickering. 

Mississippi  Territory 
January  8th  1799 
Sir, 

My  intercourse  with  the  Atlantic  States  is  so  very  Seldom, 
my  knowledge  of  Gentlemen  in  Congress  now  so  imperfect  that 
I  am  Constrained  to  trespass  upon  you  for  the  disposal  of  the 
enclosed  Petitions  instead  of  Addressing  myself  immediately  to 
Gentlemen  of  the  Senate  and  house  of  Representatives,  I  will 
suggest  however  a  wish,  that  if  Mr.  Ross  be  at  Present  of  the 
Senate  and  Mr.  Otis  of  the  House  that  they  may  be  brought 


GOVERNOR  WINTHROP   SARGENT.  99 

forward  through  the  Medium  of  their  favour. —  persuaded  that 
if  the  same  Accord  with  the  National  Views  and  intentions  they 
will  by  those  Gentlemen  be  most  ably  advocated.  I  have  Sir  in 
many  of  my  public  and  private  Letters  Heretofore  said  so  very 
much  upon  the  Policy  of  early  Attention  to  the  Land  Claims 
of  the  People  of  this  Country  and  liberal  Confirmation  where 
neither  fraud  or  Chicane  have  been  intended,  as  well  as  upon 
the  great  Public  Advantages  which  in  my  opinion  would  Accrue 
from  encouraging  settlement  to  such  an  extent  as  might  Con- 
stitute us  a  sufficient  Barrier  against  a  Foreign  Enemy  and 
render  us  respectable  to  the  Indians  that  Little  more  is  left  for 
one  to  add  upon  those  important  subjects. 

A  Copy  of  a  Proclamation  which  I  have  issued  to  prevent 
intrusion  upon  the  Lands  of  the  United  States  has  been  trans- 
mitted unto  you  and  I  have  taken  no  other  Measure  which  might 
have  a  tendency  to  alarm  or  disturb  settlers  of  any  description 
whatever :  some  who  had  established  themselves  here  before  and 
since  the  Ratification  of  our  Treaty  with  Spain  even  to  within 
a  very  short  time  of  my  arrival  in  the  Territory  without  any 
authority  whatever  and  who  have  stated  to  me  their  particular 
Cases,  I  have  permitted  to  remain  in  quiet  possession,  until  the 
pleasure  of  the  General  Government  be  known —  Expressing 
however  upon  all  Occasions  the  Determination  to  remove  any 
who  have  presumed  to  intrude  themselves  upon  Vacant  Lands 
since  my  arrival  within  the  Government;  And  this  Sir  as  the 
Guardian  of  Public  property  I  believe  Encumbent  upon  me — 
Nothing  doubting  but  that  Congress  will  express  their  full  appro- 
bation of  such  Measure  by  the  decisions  which  they  may  here- 
after make  in  Regard  to  the  Possessions  of  the  people  of  this 
Country. 

From  the  very  liberal  Donation  of  Lands  to  the  Inhabitants 
of  the  Western  Counties  in  the  North  Western  Territory  the 
settlers  within  this  Government  have  it  seems  been  led  to  make 
some  Expectations  with  which  I  am  inclined  to  believe  it  is  not 
the  Spirit  of  present  times  to  Comply. 


100  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  Donations  to  the  Antient  Settlers,  and  the  Militia  of 
Vincennes  and  the  Villages  upon  the  upon  Mississippi  are  urged 
to  me  as  reasons  for  the  future  Bounty  of  Congress,  and  I  am 
strongly  importuned  for  my  solicitations  in  Point. 

The  local  Circumstances  of  this  Country  Sir  perhaps  require 
for  ourselves  and  for  the  Nation  the  best  trained  and  the  best 
Organized  Militia  and  of  Course  a  devotion  of  a  greater  por- 
tion of  time  than  may  be  elsewhere  Necessary  in  the  Union — 
And  this  being  bestowed  some  Consideration  might  possibly  be 
due  us.  But  I  am  sorry  to  say  I  have  not  yet  experienced  a 
disposition  for  extraordinary  services  to  the  United  States — 
Considerable  opposition  has  been  made  to  my  endeavours  at  Mil- 
itary arrangements,  and  the  Militia  are  not  yet  Completely  en- 
rolled—  Though  but  only  released  from  the  most  servile  Bond- 
age they  would  immediately  assume  all  Government —  And  the 
Appointment  of  their  Officers  Civil  and  Military  is  a  measure 
Advocated  by  some  wicked  and  designing  men  amongst  them, 
I  flatter  myself  however  that  sober  sense  will  prevail  and  that 
the  speedy  arrival  of  the  Judges  who  I  am  informed  are  upon 
the  River  set  all  right 

I  have  the  honour  to  be  with  every  sentiment  of  respect 
and  esteem,  Sir 
your  most  Obedient  humble  servant 

(Signed)   Winthrop  Sargent. 

The  Honourable  Secretary  of  State. 


To  James  Wilkinson. 

The  Grove  near  Natchez 
Dear  Sir,  January  8th  1799, 

I  have  been  honoured  with  your  two  favours  of  the  31st  of 
December  and  those  of  the  4th  and  6th  instant  with  the  depo- 
sitions &c  relative  to  Coxe  which  are  strong  indeed  to  my  mind 
in  proof  of  his  manifold  sins  and  transgressions —  But  yet  not 


GOVERNOR   WINTHROP   SARGENT.  101 

sufficient  to  Demand  him  from  the  Executive  of  Tennessee — 
Where  probably  every  legal  formality  will  be  required —  Wick- 
liff  and  Priors  depositions,  or  either  of  them,  Authenticated  be- 
fore a  Magistrate  Mr.  Clark  if  you  please,  are  all  however  that 
are  necessary  and  if  the  Deponents  be  in  your  quarter  I  request 
you  would  furnish  me  with  the  same  without  delay —  In  the 
mean  time  I  will  cause  search  to  be  made  in  the  Neighbourhood 
of  Natchez  and  if  there  to  be  found  I  will  effect  the  Essential 
before  Judge  Bruin. 

The  Expenses  of  apprehending  and  bringing  Mr.  Coxe  before 
the  Tribunal  here  must  be  a  Territorial  Expense,  in  the  first 
Instance  though  in  the  End  the  United  States  ought  and  will 
no  doubt  Reemburse  it —  this  Consideration  will  apologize  for 
my  asking  such  Military  Aid  as  may  safely  guard  him  to  this 
place:  perhaps  it  would  be  Convenient  to  give  his  Escort  from 
Lieutenant  Colonel  Butlers  Command. 

Your  Excellency's  Statement  of  the  Prevalence  of  desertion 
from  the  Army  under  Command  is  to  me  as  well  as  yourself  very 
alarming  and  ought  I  think  to  Justify  my  prohibition  to  all 
Foreigners  from  entering  this  Territory  without  passports  duly 
Authenticated  by  Seal  &  Signature  from  the  Supreme  Authority 
whence  they  may  come  provided  such  Rule  be  observed  in  Louis- 
ianne  also  but  for  effectually  carrying  into  Execution  a  Man- 
date in  Point,  I  must  make  my  reliance  upon  the  Vigilance  and 
Patriotism  of  the  Militery  Principally.  I  Authorize  you  how- 
ever My  Dear  Sir  to  make  assurance  to  Governor  Gayoso  that 
I  will  issue  a  Proclamation  to  Prohibit  the  Inhabitants  of  Louis- 
iane  from  entering  this  Territory  but  by  his  permission  Condi- 
tioned that  he  makes  such  order  as  may  remedy  the  evil  of  de- 
sertion—  "But  "entre  nous"  I  will  ground  my  Mandate  upon 
the  aggravated  Civil  injuries  and  public  Wrongs  sustained  by 
us  and  which  in  great  Measure  I  verily  believe  should  be  Attrib- 
uted to  the  influx  of  Spaniards  from  below, —  Your  Express 


102  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

waits  I  can  not  therefore  add  more  my  dear  Sir  but  the  best 
Wishes  of 

Your  affectionate 
(Signed) 
His  Exy  Winthrop  Sargent 

General  James  Wilkinson 


To  Thomas  Butler. 

Mississippi  Territory  January  15th  1799 
Dear  Sir 

I  have  demanded  of  the  Executive  of  the  State  of  Tennessee 
that  Zachariah  Coxe  who  was  Confined  within  this  Territory 
for  high  Crimes  and  Misdemeanors  against  the  United  States 
and  who  has  escaped  from  Justice  should  be  apprehended  if  to 
be  found  within  the  said  State  that  he  may  be  brought  back 
to  receive  his  trial  here. 

I  have  to  request  you  would  be  pleased  to  furnish  the  Neces- 
sary Guard  for  bringing  him  back  in  case  he  should  be  appre- 
hended and  that  you  would  be  good  enough  to  Signify  your  in- 
ten-  (tion)  of  so  doing  to  the  Governor  of  Tennessee  as  the  same 
must  be  the  most  certain  and  least  expensive  mode,  of  Accom- 
plishing such  Object —  You  will  not  I  am  persuaded  need  apology 
for  this  Application  as  the  interests  of  the  United  States  are  Im- 
plicated therein, —  I  have  informed  Governor  Sevier  that  you 
are  duly  authorized  to  appoint  an  agent  to  receive  Coxe. 
With  Respectful  Consideration  I  am, 
Dear  Sir 

Your  most  Obedient, 

(Signed) 
Col.  Thomas  Butler,  Winthrop  Sargent, 

Commanding  the  Troops  of  the  United  States  in  the 
State  of  Tennessee. 


GOVERNOR   WINTHROP   SARGENT.  103 

To  John  Sevier. 

Mississippi  Territory  January  15th  1799 
Sir 

Under  the  Authority  of  the  Act  of  the  United  States  Re- 
specting fugitives  from  Justice  I  have  to  request  of  your  Excel- 
lency that  Zacariah  Coxe,  who  has  been  in  confinement  here  for 
high  Crimes  and  Misdemeanors  and  escaping  some  time  in  Sep- 
tember; is  said  to  be  now  in  the  State  over  which  your  Excel- 
lency presides  should  be  arrested  and  delivered  to  the  application 
of  Colonel  Thomas  Butler  Commanding  the  Troops  of  the  United 
States  within  your  Government  or  notice  transmitted  unto  me 
in  case  he  should  not  apply  in  order  that  the  said  Coxe  may  be 
brought  back  to  answer  before  the  Supreme  Tribunal  of  the 
Territory  upon  the  charges  which  are  alleged  against  him. 

That  my  demand  Sir  may  have  all  the  essential  formality  I 
enclose  unto  your  Excellency  the  Depositions  of  Robert  Prior 
and  and  Martin  Wickliff  which  as  you  will  observe  were  both 
originally  made  before  the  Judge  Advocate  of  the  Army  because 
I  believe  no  civil  Magistrate  could  then  with  any  convenience 
be  applied  to  and  the  Deponents  would  necessarily  have  been 
called  before  a  Civil  Court  in  the  Event  of  a  Trial. —  Prior  your 
Excellency  will  observe  has  again  been  sworn  and  before  a 
Magistrate  of  my  appointment  —  Wickliff  is  at  present  out  of 
the  Territory  but  I  certify  to  your  Excellency  that  full  faith  is 
in  my  mind  due  to  Mr.  Hyde  before  whom  his  deposition  was 
made  and  that  they  are  (both  of  them)  as  authentic  as  the  time 
place  and  circumstances  in  which  they  were  taken  would  admit. — 
And  further  that  there  is  in  my  possession  other  and  equal  Evi- 
dence in  Proof  of  what  is  alleged  in  Wickliffs  deposition  against 

1  The  journals  of  Gov.  John  Sevier  from  1790  to  1815  are  on  file  in  the 
Mississippi  Department  of  Archives  and  History. 


104  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

Coxe,  and  of  Crimes  not  there  noticed  but  which  it  is  Unneces- 
sary to  detail  to  your  Excellency. 

With  very  Respectful  Consideration  I  have  the 
honour  to  be, 
Sir, 

your  Excellencys, 
His  Excy  Most  obedient  humble  servant 

The  Governor  of  (Signed)  Winthrop  Sargent 

Tennessee. 


To  Timothy  Pickering. 

Mississippi  Territory  January  15th  1799 
Sir, 

By  Judge  Tilton  who  arrived  here  on  the  9th  or  10th  instant 
I  was  honoured  with  your  favours  of  the  2d  of  august  (circular) 
relative  to  our  Envoys  in  France —  6th  do  covering  the  same  with 
the  notice  of  Laws  &c  forwarded  me, —  and  31st  of  August 
public  and  private —  The  Judges  Boat  was  too  small  to  permit  his 
bringing  me  on  the  Stationary  or  indeed  ought  save  the  Laws  of 
the  two  last  sessions  of  Congress,  the  Seal1  for  the  Territory, 
Commissions  and  the  Instructions  to  our  Envoys  in  France 
which  I  shall  distribute  according  to  the  intention  of  Govern- 
ment. 

The  Judge's  arrival  gives  us  (authority)  to  Legislate —  it 
was  most  essential  and  we  will  set  about  it  without  delay  though 
with  much  regret  on  my  part  at  the  want  of  the  Laws  of  the 
several  States,  as  we  must  be  compelled  to  form  our  Code  from 
the  Volumes  of  the  Northwestern  Territory,  which  I  by  no  means 
can  be  induced  to  believe  a  very  good  Basis. 

If  I  mistake  not  Sir  I  have  already  advised  you  of  the  number 
of  seals  with  the  Inscriptions  which  I  believe  proper  for  this 
Territory  but  my  papers  being  with  the  Secretary  and  the  bearer 

1  The  Great  Seal  of  the  Mississippi  Territory,  which  was  brought  by 
Judge  Daniel  Tilton,  one  of  the  Territorial  judges,  followed  in  design  the 
Great  Seal  of  the  United  States,  with  changes  in  lettering.  It  bore  date 
of  1798,  and  was  furnished  by  Secretary  Timothy  Pickering. 


GOVERNOR   VVINTHROP   SARGENT.  105 

of  this  setting  off  immediately  I  can  not  exactly  determine  in 
season  for  advertizing  you  by  this  Conveyance. 

By  your  observations  Sir  upon  Indian  affairs  am  relieved 
from  some  embarrassment,  and  find  myself  very  much  obliged — 
I  persuade  myself  that  Government  will  speedily  Ordain  the  due 
arrangements  to  System  and  the  full  Execution  of  the  Laws 
regulating  the  Superintendents  of  the  Indian  Concerns. 

In  former  Letters  Sir  I  have  taken  leave  to  State  to  you  the 
Necessity  of  holding  a  Treaty  with  the  Southern  Indians —  En- 
tering into  certain  stipulations  to  keep  them  apart  from  the 
white  people,  with  their  Expectations  founded  upon  promises 
of  Mr.  Ellicott  &  our  practices  to  the  Northern  Indians  that  they 
would  receive  some  annual  presents  from  the  United  States,  I 
shall  therefore  delay  farther  Communication  with  them  than 
they  absolutely  Constrain  me  to  until  the  pleasure  of  Government 
to  my  special  Instruction  in  Point  may  be  signified,  For  as  all 
Indian  Conferences  are  Expensive  it  is  certainly  best  our  first 
should  be  express  and  definitive.  I  have  Sir  written  unto  the 
Governor  of  Tennessee  of  this  date  demanding  of  him  Zacariah 
Coxe  as  a  fugitive  from  Justice  and  who  is  said  to  be  within 
his  Government —  I  have  accompanied  my  demand  with  the 
Depositions  of  Prior  and  Wickliff  which  have  been  transmitted 
to  our  Executive  by  General  Wilkinson —  and  I  persuade  myself 
this  proceeding  may  obtain  tha  approbation  of  Government. 

Upon  a  representation  formally  made  me  of  desertion  so 
prevailing  amongst  the  Troops  as  to  hazard  the  loss  of  almost 
all  our  Little  Army  in  this  Country  and  some  Overtures  from 
below  through  General  Wilkinson  to  enter  into  Stipulations  to 
prevent  it.  I  have  adventured  to  give  assurance  that  I  will 
prohibit  foreigners  from  coming  into  the  Territory  without  au- 
thentic passports  until  the  pleasure  of  the  General  Government 
may  be  signified  to  the  Contrary,  provided  the  same  to  be  re- 
ciprocated by  Governor  Gayoso  and  I  have  good  reason  to  believe 


106  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

the  advantage  will  be  very  much  with  the  Territory,  by  prevent- 
ing an  influx  of  the  very  worst  of  men. 
With  the  highest  respect  I  am, 

Sir, 
your  very  humble  servant, 

(Signed)  Winthrop  Sargent. 
The  Honble  Secretary  of  State 


To  Timothy  Pickering. 

Grove  near  Natchez  January  17th  1799 
Dear  Sir 

I  have  been  honoured  and  Obliged  by  your  favours  of  the 
8th  10th  and  12th  instant: —  and  Mr.  Robinson  has  received 
my  dispatches  for  Philadelphia —  The  Letter  to  Governour  Se- 
vier demanding  Coxe  and  a  request  to  Col.  Butler  for  the  Escort 
in  case  he  should  be  apprehended.  Mr.  Burnet  called  upon  me 
denying  the  allegations  made  against  him  in  Brashears's  Letter 
which  had  been  previously  submitted  to  Judge  Bruin  and  of 
which  I  informed  him.  Your  declining  to  transmit  the  Address1 
of  this  people  to  the  President  of  the  United  States,  and  their  pe- 
tition to  the  senate  and  house  of  Representatives,  meets  my  Idea 
of  Delicacy  and  propriety,  for  I  should  believe  myself  highly 
reprehensible  in  interference  with  any  matters  merely  Military. 
The  same  Characters  addressing  your  Excellency  upon  the  Prem- 
ises made  a  Deputation  to  me  with  some  minutes  of  their  pro- 
ceedings from  which  it  appeared  that  your  Excellency  and  the 
Governor  of  this  Territory  were  to  be  requested  to  transmit  their 
Address  Petition  &c —  They  informed  that  they  were  instructed 
to  solicit  my  sentiments  as  to  the  style  and  matter  thereof,  and 
that  the  reason  of  your  Excellency's  being  associated  with  myself 
was  for  the  avail  of  our  Joint  Influence. —  I  observed  to  them 
that  so  far  as  their  wishes  might  comport  with  National  Inter- 
ests I  should  always  believe  it  my  duty  to  promote  them  by  all 

1  The  people  petitioned  for  the  right  to  elect  their  militia  officers. 


GOVERNOR   WINTHROP   SARGENT.  107 

tha  means  in  my  power,  that  I  would  alone  present  their  Address 
and  the  petition  with  certain  alterations  which  I  suggested,  pro- 
vided the  same  was  requested  of  me  in  writing  and  that  I  be- 
lieved myself  their  only  proper  Organ  of  Communication  to 
the  Supreme  Executive  or  General  Government,  but  that  I  should 
make  no  objection  to  any  application  they  might  be  induced  to 
make  to  your  Excellency —  and  by  Mr.  Robinson  I  have  for- 
warded them  with  a  Letter  in  which  they  were  inclosed  unto  me. 

In  my  Address  to  the  Governour  of  Tennessee  I  transmitted 
not  only  Priors  but  Wickliffs  deposition  also,  giving  to  the  latter 
all  the  Authenticity  which  a  Certificate  of  Mr.  Hyde's  Character, 
and  the  almost  impossibility  of  application  to  a  Civil  Magistrate 
when  it  was  taken  may  effect —  And  for  another  Copy  therefore 
I  have  to  request.  I  have  no  papers  or  Letters  later  than  the 
31st  of  August  at  which  time  the  public  offices  were  at  Trenton — 
The  Secretary  of  State  promises  me  the  sevaral  Prints  from 
Philadlphia  in  which  he  observes  may  be  particularly  useful  in 
case  of  the  establishment  of  a  Press  in  this  Country. 

With  respectful  esteem  I  am, 

The  Honourable  Dear  Sir 

Secretary  of  State.  your  most  obedient 

(Signed)  Winthrop  Sargent. 


To  Benjamin  Hawkins.1 

Mississippi  Territory  February  1st 
Sir 

Your  Letter  afforded  me  very  much  satisfaction  by  the  assur- 
ance of  your  being  with  the  Creeks,  and  their  proper  Consider- 
ation of  present  circumstances  and  good  disposition  towards 
the  United  States. 

I  had  been  induced  to  believe  they  had  banished  you 
their   Nation  and  been  endeavouring  to  excite  the   Choctaws 

1  Agent  to  the  Creek  Indians. 


108  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

Chickasaws  and  Cherokees  to  take  up  the  Hatchet  against  the 
United  States —  The  story  of  your  exile  came  from  one  Mitchell 
an  Agent  with  the  Choctaws,  and  I  believe  by  your  appoint- 
ment.—  I  like  not  this  man,  I  believe  him  ill  disposed  and  Igno- 
rant of  Indian  affairs,  but  perhaps  I  mistake  his  Character  — He 
however  refused  at  my  written  request  to  assist  a  Messenger  in 
the  Choctaw  Nation  in  apprehending  Mr.  Coxe  who  had  escaped 
from  confinement  and  aided  him  to  take  such  route  that  he  has 
avoided  our  Justice  and  returned  to  the  Spanish  Dominions  by 
the  way  of  the  Establishment  he  called  Smithland  upon  the 
Ohio  River.  Mitchell  has  very  improperly  encouraged  the  In- 
dians to  Visit  me  here  though  he  knew  I  was  unprepared  to 
receive  them,  having  descended  the  River  at  short  notice  and  of 
course  without  the  means  of  making  them  any  presents —  They 
have  been  taught  by  Mr.  Ellicott  and  others  to  expect  much 
and  the  disappointment  may  operate  evil. —  I  have  stated  all 
those  Circumstances  and  Considerations  to  the  General  Govern- 
ment and  hope  soon  to  receive  their  Order  in  Point. —  of  which 
I  believe  it  proper  that  you  be  early  informed,  and  under  the 
present  arrangement  for  the  superintendency  of  Indian  affairs 
in  this  Southern  Department  it  seems  to  me  essential  to  the 
Public  Interests  that  we  Communicate  freely  upon  all  Indian 
Concerns  which  shall  come  to  our  knowledge  respectively  and 
by  this  sentiment  I  will  be  governed. 

I  will  add  only  Sir  to  Express  a  wish  that  we  had  an  agent 
with  the  Choctaws  fully  Conversant  in  Indian  Affairs  of  Strict- 
est integrity  and  Character  Unequivocally  National. 

With  due  respect  and  Consideration,  I  am,  Sir 
your  very  humble  servant, 

(Signed)  Winthrop  Sargent. 

Colo  Benjamin  Hawkins, 

Creek  Nation 


GOVERNOR  WINTHROP   SARGENT.  109 

To  Judge  McNary. 

Mississippi  Territory  March  2d  1799 
Sir 

I  do  myself  the  honour  of  Acknowledging  your  Polite  Letter 
of  Notice  of  Mr.  Coxes  arrest  &c  —  which  has  some  how  or  other 
however  been  delayed  until  the  present  date. 

As  there  are  various  ways  of  an  Officer's  discharging  his 
duty  at  this  Crisis,  and  your  honour  seems  to  have  pursued  that 
best  adapted  to  support  the  Interests  and  honour  of  our  Nation 
(in  dispite  of  Popular  Prejudice  and  Passion)  I  can  not  avoid 
Expressing  my  most  cordial  satisfaction  upon  the  Occasion,  and 
the  pleasure  I  feel  in  finding  my  zealous  intentions  to  promote 
the  Public  Weal  so  Efficiently  aided  by  a  Gentleman  of  your 
well  known  respectability  of  public  as  well  as  private  Char- 
acter—  I  have  already  Addressed  the  Supreme  Executive  of 
Tennessee  in  demand  of  Coxe  and  I  trust  with  due  avail  having 
predicated  the  same  Substantially,  in  sufficient  form  of  Law — 
if  however  there  be  the  possibility  of  demur  within  your 
Observation  I  shall  gratefully  receive  the  Notice  and  will  Calcu- 
late upon  detention  Enough  to  report  my  application  —  Mr. 
Coxe  Sir  has  traversed  the  Indian  Country  within  the  Govern- 
ment over  which  I  have  the  honour  to  preside  without  a  passport, 
which  is  a  Crime,  amongst  others,  of  which  I  have  not  advertized 
Governor  Sevier,  but  of  which  it  is  not  amiss  perhaps  at  this 
time  to  give  you  information. 

I  have  the  honour  to  be  with  sentiments  of  great  respect 

Sir 

your  honours, 

Obedient  humble  servant 

(Signed) 

Winthrop  Sargent 
The  Honourable 

Judge  McNary 


110  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Timothy  Pickering. 

Mississippi  Territory  March  13th  1799 
Sir 

In  many  of  my  former  Letters  I  have  stated  unto  you  that  a 
very  Considerable  number  of  Choctaw  Indians  were  in  the  habit 
of  resorting  to  the  settled  parts  of  this  Territory  and  preying 
upon  the  people  to  their  very  great  distress —  that  they  had  been 
led  to  expect  some  notice  from  the  General  Government  in  Conse- 
quence of  promises  made  unto  them  by  Mr.  Ellicott,  and  our 
practice  to  the  Northern  and  Chickasaw  Indians  and  that  I  be- 
lieved it  very  essential  we  should  enter  into  some  Covenant 
with  them  to  prevent  the  Multiplied  aggressions  Complained  of 
— Unless  some  remedy  for  the  evils  should  shortly  be  applied 
we  may  and  probably  shall  be  involved  in  an  Indian  War —  for 
the  people  will  not  much  longer  endure  with  nonresistance  the 
Continued  Spoliations  of  their  property —  and  violence  upon  our 
part  will  no  doubt  be  followed  by  open  and  avowed  hostility —  I 
have  made  and  shall  continue  every  Exertion  in  my  Power  for 
the  common  good. —  I  recommend  patience  and  forbearance  to 
the  White  people  and  assure  the  Indians  that  I  have  specially 
recommended  them  to  the  notice  and  Protection  of  the  General 
Government,  but  I  have  of  late  been  Constrained  to  declare  that 
I  would  cause  them  to  be  punished  with  imprisonment  and  stripes 
if  they  shall  persist  in  their  Rapine  &  Plunder — and  I  have 
most  Ardently  to  supplicate  Sir  immediate  Instruction  for  my 
Government. 

I  have  already  Advertized  you  of  the  arrival  of  Judge  Tilton, 
and  in  Consequence  we  are  at  Length  Legislating  but  destitute  of 
the  Laws  of  the  several  states  we  necessarily  make  instead  of 
adopting  them  the  right  to  do  which  has  heretofore  been  a  Ques- 
tion—  Very  Diffident  of  my  own  Law  Knowledge  I  feel  Ex- 
treme Anxious  for  the  presence  of  Judge  McGuire1  who  I  am 
taught  to  believe  is  a  great  professional  Character. 

1  Judge  McGuire  was  the  only  lawyer  of  the  Court,  and  he  did  not  arrive 
in  the  Territory  until  the  autumn  of  1799,  when  the  greater  part  of  the 
Sargent  laws  had  been  made. 


GOVERNOR   WINTHROP   SARGENT.  Ill 

The  Stationary  for  the  Territory  arrived  a  few  days  past 
but  there  are  not  any  Wafers  adapted  for  the  Territorial  seal  — 
The  Presses  have  also  come  on  but  no  seal  for  the  district  or 
Supreme  Court —  I  have  before  informed  you  Sir  that  I  would 
divide  the  Territory  into  two  Districts  the  One  of  which  should 
be  called  the  District  of  Adams,  and  the  Other  Pickering —  We 
shall  need  therefore  a  seal  for  the  "Supreme  Court,"  and  One  for 
each  of  the  Districts,  to  be  inscribed  the  seal  of  District 
Mississippi  Territory  inserting  in  the  Blank  the  name  of  the 
District. 

The  Laws  of  the  United  States  passed  under  the  Administra- 
tion of  President  Washington  have  not  been  received.  In  a 
former  Letter  Sir  I  took  leave  to  state  to  you  that  some  Grounds 
and  Public  Buildings  at  the  Villa  Gayoso  supposed  to  be  the  prop- 
erty of  the  United  States  and  also  a  house  at  Natchez  neither  of 
which  were  ever  Occupied  by  the  Spanish  Military  had  been 
possessed  by  the  Troops  of  the  United  States  upon  surrender 
of  this  Country  and  were  held  for  Army  Uses  though  they 
were  unconnected  with  and  Independent  of  all  fortified  Posts 
and  places  and  might  be  very  useful  for  Civil  purposes —  General 
Wilkinson  has  since  caused  the  Villa  Gayoso  to  be  abandoned 
finding  the  same  an  encumbrance  but  retains  the  Building  at 
Natchez,  upon  which  and  for  the  Disposition  of  those  in  the  Villa 
Gayoso  I  have  to  request  the  Order  of  Government. 

I  have  the  honour  to  be  with  very  great  respect, 
Sir, 

your  Obedient  humble  servant, 

(Signed)  Winthrop  Sargent. 

The  Honourable  Secretary  of  State. 


112  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Timothy  Pickering. 

The  following  Private  Letter  was  written  by  his  Excellency 
the  Governour  and  directed  to  be  entered  on  the  Journal. 

Natchez  March  13th  1799 
My  Dear  Sir, 

In  some  former  Letters  I  solicited  that  so  soon  as  I  should 
have  Organized  this  Government  Completely  I  might  be  per- 
mitted to  Visit  the  Atlantic  States  for  the  Adjustment  of  pri- 
vate Concerns  important  to  myself  and  the  Establishment  of 
my  health,  the  latter  reason  however  thank  God,  is  no  longer  in 
force  but  from  a  Connexion  which  I  have  formed  in  this  country 
there  has  Originated  One  (to  my  feelings)  equally  important — 
Mrs.  Sargent1  a  Woman  of  most  delicate  and  tender  Constitution, 
requires  the  Benefit  of  the  Northern  Breezes  and  sea  air  to  pre- 
serve her  for  my  happiness  and  her  friends —  to  you  Sir  who  are 
a  husband  and  I  fondly  persuade  myself  my  friend  I  need  make 
no  apology  for  this  Address  — Provided  Sir  the  Storms  which 
have  so  long  been  gathering  in  Europe  should  subside  and  all  the 
due  arrangement  for  the  good  Government  of  this  Territory 
be  made  in  season,  may  I  be  permitted  to  Visit  Philadelphia  in 
the  Summer  months  by  the  Way  of  New  Orleans —  Or  in  case  the 
Necessary  Organization  here  should  not  be  timously  effected  to 
enable  me  to  make  so  long  a  Voyage  would  it  be  admissible  that 
I  pass  with  Mrs.  Sargent  a  Couple  of  the  Summer  Months  at 
Pensacola —  a  place  famed  in  this  Country  for  the  Salubrity  of 
its  Atmosphere: —  I  would  or  wd.  not  as  should  be  thought 
proper  make  my  Voyage  by  New  Orleans,  or  through  the  Lakes — 
Upon  these  subjects  my  dear  Sir  I  have  to  request  as  soon  as 
possible  a  line  of  Advice. 


1  Gov.  Sargent  married  Mrs.  Maria  Mcintosh  Williams  a  short  time  be- 
fore the  date  of  this  letter. 


GOVERNOR   WINTHROP   SARGENT.  113 

My  most  Ardent  Aspirations  for  the  health  of  Mrs.  Pickering 
and  yourself  and  family  are  most  respectfully  tendered  by, 
My  Dear  Sir, 

Your  sincere  friend,  and  Obedient  humble  servant 

(Signed)  Winthrop  Sargent 
The  Honourable  Secretary  of  State. 


To  Manuel  Gayoso  De  Lemos. 

Natchez  March  the  14th  1799 
Accept  Sir  I  pray  you  my  very  sincere  and  Warm  thanks 
for  your  several  favours  to  and  inclusive  of  the  first  of  March 
which  my  present  pressing  public  avocations  have  prevented 
earlier  Acknowledging —  You  are  undoubtedly  informed  that 
the  Territorial  Judges  with  myself  Constitute  the  Legislature 
for  this  Government,  and  we  are  now  very  much  engaged  in  such 
Business1  — I  will  take  leave  to  transmit  to  you  the  Product  of 
our  labours  Periodically  on  sheets  as  the  same  shall  come  from  the 
Press,  persuaded  that  you  will  take  an  Interest  in  which  so  im- 
portantly concerns  a  people  over  whom  your  Excellency  has  spe- 
cially presided,  and  amongst  whom  you  have  s6  many  worthy 
Admirers  and  friends.2 

Your  Excellency's  requests  will  always  receive  from  me  the 
most  Prompt  Attention —  Your  Courier  for  upper  Louisiane  in- 
stantly received  a  Passport  through  this  Territory  and  a  special 
Accommodation  to  that  of  the  United  States  Northwest  of  the 
River  Ohio. 

It  is  not  the  Order  or  Spirit  of  my  Government  to  afford  an 
Asylum  to  Fugitives  of  any  colour  or  discription  and  I  shall 
always  liberally  Construe  the  Laws  and  Ordinances  of  the  United 

1  The  first  law  of  Mississippi  Territory  bears  date  of  February  28,  1799. 

2  Claiborne  states  that  Tilton  and  McGuire  aided  the  Governor  in  con- 
cocting a  code  of  laws  which  were  in  conflict  with  the  Constitution  of  the 
United  States.  The  great  majority  of  the  Sargent  laws  bear  the  signature 
of  Sargent,  Bruin  and  Tilton,  and  few  are  signed  by  McGuire,  who  had  not 
arrived  in  the  Territory  when  the  first  set  of  laws  were  enacted.  Only  two 
of  the  Sargent  laws  were  abrogated  by  Congress. 


114  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

States  to  enable  myself  to  administer  General  Justice  and  per- 
fectly Conciliate  our  Nations  which  I  pray  God  may  always  re- 
main in  amity.  The  assurances  which  I  have  given  Mr.  Vidal 
relative  to  runaway  Negroes  seems  to  have  been  satiafactory 
to  him  and  I  trust  will  be  to  your  Excellency —  and  I  shall  imme- 
diately set  about  effecting  such  regulations  as  may  prevent  de- 
serters and  other  infamous  Characters  from  coming  within  this 
Government  which  perhaps  can  not  in  any  way  be  more  readily 
accomplished  than  by  making  Certificates  under  the  Signature 
and  seal  of  the  Supreme  Authority  essential  to  all  Foreigners 
asking  admission  but  whatever  Measures  may  be  adopted  shall  be 
communicated  to  your  Excellency  without  delay. 

And  now  Sir  again  let  me  offer  the  very  grateful  acknowl- 
edgements of  Mrs.  Sargent  and  myself  to  your  Excellency  and 
Madam  Gayoso  for  all  your  kind  affectionate  and  Parental  At- 
tentions to  our  child,  we  ardently  long  to  see  her  and  fondly  hope 
she  is  at  this  Moment  Winging  her  way  to  us. 

In  the  course  of  events  is  it  not  possible  we  may  see  you  in 
this  Country — Mrs.  Sargent  and  myself  are  desirous  of  Demon- 
strating Civility  and  friendship  to  Madam  Gayoso  and  yourself 
or  any  of  your  friends  that  you  shall  be  pleased  to  recommend 
to  our  notice —  Accept  we  pray  you  our  ardent  and  most  sincere 
Wishes  for  your  health's  and  happiness,  and  believe  me  always 
with  most  respectful  Consideration, 
Your  Excellency's, 

Obedient  humble  servant 

(Signed)  Winthrop  Sargent 

Governor  Gayoso. 


To  James  Wilkinson. 

The  Grove  Natchez  March  17th  1799 
Dear  Sir, 

By  the  Dragoon  I  received  yours  of  the  14th  the  day  before 
yesterday,  but  have  it  not  yet  in  my  Power,  to  acquaint  you  of  the 


GOVERNOR  WINTHROP   SARGENT.  115 

Provision  to  prevent  Desertion.  I  can  only  observe  to  you  as 
he  is  charged  with  dispatches  and  it  would  be  improper  to  detain 
him,  that  my  own  Idea  and  Expectation  is  that  Foreigners  should 
and  will  be  prohibited  Admission  without  passports  from  the 
Supreme  Authority  whence  they  come  or  other  sufficient  Tes- 
timonial to  prove  them  of  good  character,  but  the  Legislature 
being  now  in  session,  'tis  proper  I  have  their  Sanction  for  any 
Measure  to  be  adopted. 

I  have  expected  the  Judges  here  for  two  days  past —  Tomor- 
row I  shall  undoubtedly  see  them,  and  this  Business  will  engage 
our  first  attention,  and  with  the  result  you  shall  be  acquainted 
without  delay. 

The  Best  wishes  of  Mrs.  Sargent  and  myself  attend  Mrs.  Wil- 
kinson and  you,  we  hope  she  has  recovered  of  her  Indisposition. 
I  am, 

My  Dear  Sir 

With  most  respectful  esteem 

your  obedient  humble  servant 

(Signed)  Winthrop  Sargent 
General  Wilkinson 


To  Timothy  Pickering. 

Natchez  March  21st  1799 
The  following  private  Letter  of  this  date  was  written  by 
his  Excellency  the  Governor,  and  ordered  to  be  entered  on  the 
Journal. 
My  Dear  Sir 

I  have  been  honoured  with  your  Public  and  private  Letters  of 
the  10th  of  December  this  Evening,  and  shall  take  the  first  Cer- 
tain opportunity  to  respond  specially  thereto, —  So  very  anxious 
am  I  of  standing  well  in  your  opinion — that  all  my  Conduct  and 
even  desires  should  seem  (as  I  intend  them)  to  be  founded  upon 
strictest  propriety,  that  T  can  not  delay  a  moment  to  explain  any 


116  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

matter  that  may  be  problematical,  and  therefore  embrace  a  very 
uncertain  Conveyance  to  reply  to  the  Private  Letter. 

For  the  Adjustment  of  my  relative  Military  rank  in  case  of 
service  with  the  regular  Troops  in  this  Country,  I  must  confess 
I  felt  very  great  anxiety  but  it  does  not  in  the  present  time 
seem  so  very  essential  as  when  I  took  leave  to  address  you 
thereupon,  and  in  no  case  or  Circumstance  will  I  trust  your 
opinion  of  my  Patriotizm  prove  unfounded. 

The  subject  of  Revenue  and  introduced  in  mine  of  September 
was  with  a  View  to  the  public  interests;  to  prevent  an  illicet 
Trade  with  the  upper  Country  and  from  an  opinion  that  a  Port 
of  entry  should  be  established  either  at  Natchez  or  the  Na- 
tional Boundary,  where  from  its  being  upon  the  very  confine  of 
our  Country,  I  believed  it  might  be  advisable  to  give  the  Governor 
here  a  kind  of  superintendency  — and  in  an  aggregate  view  of 
services  to  allow  the  "quid  pro  quo" — the  special  management  of 
inspection  or  indeed  any  Revenue  Offices  I  certainly  believe 
very  incompatible  with  the  Station  of  any  Territorial  Officer 
(as  such)  within  this  Government. 

Your  ardent  desire  for  my  early  arrival  in  this  Territory  to 
Organize  the  Militia  and  which  were  equalled  by  my  own  at 
the  time  of  leaving  the  Northwestern  Territory  increased  ten- 
fold upon  my  arrival  here,  for  every  day  brought  me  reports  of 
French  Fleets  off  the  Balize —  Militia  officers  and  men  organ- 
ized under  the  Spanish  Government  would  not  have  received 
Confidence,  if  such  there  had  been —  but  the  fact  is  there  was 
no  Militia  in  the  Natchez  District —  Governor  Gayoso  once  Con- 
templated such  establishment,  but  the  Baron  Carondelet  forbid 
it. —  To  have  accepted  of  Volunteers  I  must  have  relinquished 
to  the  people  the  Power  of  appointing  their  own  officers,  which 
Government  had  specially  required  I  should  Exercise  myself — 
'twas  therefore  that  I  adopted  the  Plan,  which  I  have  had  the 
honour  to  communicate —  The  fines  seemed  absolutely  necessary 
— I  consulted  the  only  Judge  present  — No  inconvenience  I  am 
happy  to  inform  you  has  accrued —  and  since  the  arrival  of 


GOVERNOR  WINTHROP   SARGENT.  117 

Judge  Tilton  we  have  made  a  Militia  Law,  taking  my  (transmit- 
ted) regulations  for  the  Basis,  for  as  I  have  already  communi- 
cated to  you  we  are  Constrained  to  follow  the  Practice  of  the 
Northwestern  Territory  and  make  Laws  being  destitute  of  the 
Laws  of  the  Original  States. 

For  your  Observations  However  My  Dear  Sir,  I  request  you 
to  accept  my  sincere  thanks  and  I  solicit  their  Continuance. 

The  Presidents  Speech  pamphlet  &c  are  the  first  Copies  that 
I  have  come  to  hand,  notwithstanding  the  time  which  has 
elapsed  since  their  Publication." — 'tis  to  me  a  very  Melancholy 
Consideration,  that  my  Public  and  private  Communications  with 
the  Atlantic  States  is  so  extreme  difficult  and  tedious —  I  derive 
however  a  hope  from  a  Paragraph  in  your  Public  Letter  that  this 
may  be  remideed  and  will  endeavour  to  advertize  you  of  the 
expense  of  riding  monthly  from  this  to  the  nearest  Post  Office. 
I  am  &c  &c, 

Signed  Winthrop  Sargent. — 

The  Honourable  Secretary  of  State. 


To  John  Steele. 

Natchez  March  22d  1799 
Sir 

Your  long  indisposition  and  many  engagements  of  duty  in 
your  short  intervals  of  Convalenscence  have  hitherto  delayed  my 
asking  your  attention  to  "the  Public  Records  of  the  district"  (or 
Territory) *  about  which  I  am  very  anxious  and  which  so  soon  as 
you  can  anywise  make  it  convenient,  I  have  to  request  you  would 
receive  from  Major  Gerault. —  They  are  deposited  in  Fort  Sar- 
gent and  the  Major  with  whom  they  were  left  by  the  Spanish 


1  Reference  is  here  made  to  the  Spanish  records  of  the  Natchez  District, 
which  are  now  on  file  in  the  Mississippi  Department  of  Archives  and  History. 


118  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

Government  had  my  direction  to  place  thereon  his  seal  for  their 
better  security. 

I  have  the  honour  to  be  with  respect  and  esteem 

your  humble  servant 
(Signed)  Winthrop  Sargent 
Col.  Steele 

Secretary  Mississippi  Territory 


To  James  Wilkinson. 

Natchez  March  22d  1799 
Sir 

The  enclosed  Proclamation  intended  to  prevent  Desertion  (and 
other  evils)  by  producing  a  similar  Prohibition  to  Fugitives  from 
the  Governor  of  Louisiana,  I  hope  may  prove  Enough  Efficient — 
It  is  founded  upon  a  Statute  of  this  Territory,  entitled  "a  Law 
concerning  alien  and  Contagious  diseases"  of  which  you  shall  be 
furnished  with  a  Copy  so  soon  as  it  comes  from  the  Press. 

I  have  to  request  Sir  that  you  would  give  the  necessary 
orders  to  the  Officers  Commanding  at  the  Military  Posts  in  aid  of 
this  Proclamation — and  I  presume  Sir  to  suggest  to  you  an 
Opinion  that  the  Establishment  of  a  Post  somewhere  about  the 
Grindstone  Ford  upon  the  Bayou  Piere  which  I  believe  you  have 
already  had  in  Contemplation  might  be  highly  Beneficial  to  the 
Purpose. 

I  have  the  honour  to  be,  Sir, 

with  very  respectful  esteem, 

your  Obedient  humble  servant, 

(Signed)  Winthrop  Sargent. 

General  James  Wilkinson. 


To  James  Wilkinson. 

^         _.  Natchez  March  22d  1799 

Dear  Sir 

I  enclose  you  Extracts  of  a  Letter  from  the  Secretary  of 

State  respecting  Coxe  his  arrest  &c  &c  and  the  Attorney  Gen- 


GOVERNOR   WINTHROP   SARGENT.  119 

eral's  opinion  relative  thereto —  it  is  more  than  probable  that 
the  Supreme  Court  of  the  Mississippi  Territory  will  be  held  'ere 
long  and  though  Coxe  may  not  be  brought  before  them,  yet  that 
some  of  his  associates  (Young  Cox  and  Hancock)  will —  for 
any  and  every  Communication  you  can  make  me  of  these  crimi- 
nal proceedings  I  shall  be  very  much  Obliged — I  must  request  of 
you  a  List  of  the  most  material  Evidences  with  information 
where  they  are  to  be  found —  Also  a  Copy  of  the  Deposition 
which  I  was  Constrained  to  send  on  to  Tennessee,  and  which  you 
were  good  enough  to  promise  to  replace. 

(Signed)  Winthrop  Sargent 
General  James  Wilkinson. 


General  Militia  Orders 

March  the  25th  1799  Mississippi  Territory 
The  Commander  in  Chief  herewith  transmits  to  each  and 
every  Field  Officer  and  Captain  of  Militia  in  the  Mississippi  Ter- 
ritory the  Law  for  establishing  the  Militia  thereof,  which  with 
the  regulations  before  Published  (and  not  Militating  with  the 
said  Law  are  to  be  fully  and  Punctually  Observed. 

Commissions  for  the  Officers  will  be  made  out  so  aoon  as  the 
Commander  in  Chief  is  furnished  with  a  List  of  those  who  have 
accepted  their  Appointments;  he  hopes  to  receive  the  same 
without  delay —  to  include  all  the  Officers  of  the  upper  District 
from  Lieutenant  Colo.  West —  a  List  of  the  Officers  of  the  Cav- 
alry in  the  lower  District  from  Major  Osmun,  and  a  return  of 
Infantry  Officers  in  the  same  District  from  the  Captains  or 
Officers  Commanding  Companies.  It  is  his  intention  to  Complete 
the  Corps  in  Officers  without  delay —  and  in  all  Vacancies  which 
shall  subsequently  happen  to  pay  every  possible  attention  to 
seniority  —  In  order  to  which  the  relative  Rank  of  Gentlemen 
will  be  determined  upon  the  Usual  Military  Principles  either  By 
himself  or  a  Board  of  Field  Officers. 


120  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

In  enrolling  the  Militia  the  Commander  in  Chief  has  been 
desirous  that  the  officers  and  men  should  be  Classed  in  such  order 
as  might  be  mutually  satisfactory,  having  in  View  however 
the  Absolute  Necessity  of  such  arrangement  as  may  ensure  the 
most  readily  embodying  the  Companies  for  Defence  and  Exer- 
cise—  But  an  Idea  which  it  seems  has  prevailed,  that  it  is  abso- 
lutely necessary  for  the  privates  to  signify  their  intention  of 
being  in  some  one  or  other  Corps  or  Company  is  very  Erronious. 
—  for  it  is  enough  that  the  Officers  shall  arrange  their  respective 
Companies  upon  the  General  Principles  of  Convenience  herein 
before  Noticed  and  Advertize  the  Concerned  according  to  Law.  — 
This  Measure  must  be  immediately  pursued,  that  no  more  delay 
in  the  Musters  and  Exercises  which  have  been  ordered  may  be 
Experienced. —  for  such  is  the  Spirit  of  the  Law,  which  the  Com- 
mander in  Chief  and  every  Militia  Officer  are  in  honour  and  duty 
bound  to  Carry  into  full  and  Complete  Effect. 

(Signed)  Winthrop  Sargent 


By  the  Governor  of  the  Mississippi  Territory. 
A  Proclamation. 

Whereas  it  has  been  represented  unto  me,  that 
[L.S.  ]  the  people  of  this  Territory  are  suffering  under  the 
purpetration  of  High  Crimes  and  Misdemeanors  as 
well  as  Civil  injuries,  of  a  very  aggrevated  Nature, 
by  Persons  unknown. —  and  Whereas  there  are,  good  and  suffi- 
cient reasons  to  believe,  that  many  of  those  offences,  Originate 
in  the  Indiscriminate  Admission  of  Aliens,  amongst  whom  are 
some  of  the  most  abandoned  of  Characters —  Be  it  known  there- 
fore, that  I  have  thought  proper  to  issue  this  my  Proclamation, 
Ordering,  and  directing,  that  no  Foreignirs  be  Admitted  within 
this  Territory,  but  by  Passports  duely  authenticated,  under  the 
seal,  and  signature,  of  the  Supreme  Authority  whence  they  may 
come,  or  other  sufficient  Credentials  to  Establish  them  of  good 


GOVERNOR   WINTHROP   SARGENT.  121 

Character —  and  that  they  shall  report  themselves  immediately 
upon  their  arrival  in  the  settled  parts  of  this  Territory,  to  some 
one  of  the  Conservators  of  the  Peace,  or  Military  Officers  Com- 
manding the  Posts  of  the  United  States,  that  the  Governour  may 
be  informed  thereof  without  delay —  and  the  said  Conservators 
who  have  been  heretofore  Authorized  to  administer  the  Oath  of 
Allegiance  to  the  United  States  are  to  make  report  to  the  Gov- 
ernor of  all  Aliens  within  their  respective  Districts,  specifying 
their  Names,  Age  place  of  Nativity,  the  Nation  to  which  they 
belong  and  Owe  Allegiance,  their  Occupation,  and  the  Arms  and 
Ammunition  of  which  they  are  Possessed. 

Given  under  my  hand  and  the  Public  Seal 

at  Natchez  this  twentyeth  day  of  March 

in  the  Year  of  Lord  One  Thousand  Seven  Hundred 

and  Ninetynine,  and  of  the  Independence 

of  the  United  States  of  America, 

the  Twenty  third. 

(Signed)  Winthrop  Sargent. 
By  his  Excellencys  Command, 

John  Steele  Secretary. 


To  James  Wilkinson. 

His  Excellency  the  Governour  having  thought  proper  to 
write  the  following  Letter,  partly  private  and  partly  Official 
it  is  entered  in  the  Journal  Accordingly — 

Natchez  25th  of  March  1799 
Dear  Sir, 

I  received  yesterday  from  his  Excellency  Governour  Gayoso 
the  "Moniteur  de  la  Louisiane" — No  91"  Containing  a  Copy  of  a 
Provisional  Convention  Between  your  Excellency  and  the  Gov- 
ernor signed  by  your  Brigade  Major  Lovell.  Said  to  be  "em- 
powered to  make  your  Signature"  and  which  I  have  read  with  an 
equal  degree  of  pain  and  astonishment,  from  an  apprehension 
that  I  may  directly  or  indirectly  be  implicated  in  the  Measure, 


i 


122  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

It  certainly  is  very  much  my  inclination  as  well  as  duty  to 
afford  every  aid  I  can  to  the  good  Order  and  Efficiency  of  the 
Military,  and  to  this  End  to  prevent  as  far  as  is  Constitutionally 
in  my  Power  the  desertions  from  the  army  Under  your  Com- 
mand—  "Twas  therefore  that  I  issued  my  Proclamation  bearing 
date  the  20th  instant  which  is  founded  upon  a  Law  of  the  Terri- 
tory, requesting  at  the  same  time  your  Excellency's  Support; 
which  I  had  persuaded  myself  would  have  been  afforded  by  es- 
tablishing Guards  at  the  avenues  to  this  Government  to  prevent 
the  admission  of  Aliens  not  provided  with  due  Testimonials  — 
and  by  producing  an  equal  Caution  in  the  Province  of  Louisiane 
effectually  fulfilled  the  intention  of  the  Legislature,  as  it  related 
to  the  army, —  for  it  can  not  be  supposed  that  Deserters  will 
ever  bear  passports  from  authority  here  or  any  sufficient  Cre- 
dentials of  Good  Character  — In  a  Letter  bearing  date  the  3d-  of 
January  (upon  your  Excellency's  representation  of  the  alarming 
prevalence  of  Desertion)  I  empowered  you  to  assure  Gov- 
ernor Gayoso  that  I  would  prohibit  the  Inhabitants  of  Louisiane 
from  entering  this  Territory,  but  by  his  permission,  Conditioned 
that  he  remedied  the  evil  Complained  of —  The  Proclamation  is 
substantially  a  performance  on  my  part —  and  'tis  better,  for 
'tis  sanctioned  by  Law —  No  other  authority  is  emanent  from  me, 
and  I  should  I  assure  you  My  Dear  Sir,  feel  myself  very  reprehen- 
sible did  I  not  declare  to  you  that  the  "Provisional  Convention" 
which  Mr.  Lovell  must  have  inadvertently  entered  into  is  not  only 
Contrary  to  a  Statute  of  this  Territory,  but  Unconstitutional — 
And  that  I  feel  it  my  duty  to  make  Testimony  against  it — if  it  was 
true  that  a  Military  Officer  had  the  Power  to  arrest  and  Convey 
beyond  the  Limits  of  the  Territorial  Jurisdiction  any  man  upon 
any  pretence  whatever  (not  voluntarily  Submitting  himself  to 
such  authority)  then  would  our  Government  become  essentially 
Military —  and  that  such  is  our  Situation  has  gone  abroad  to 
the  World  by  the  Publication  before  mentioned —  It  remains  to 
be  Contradicted  and  my  Private  feelings  are  in  perfect  Unison 
with  my  Duties  to  your  Public  Character  to  make  the  manner  as 


GOVERNOR   WINTHROP   SARGENT.  123 

agreeable  as  possible  to  yourself —  I  enclose  you  a  Copy  of  the 
Law  upon  which  my  Proclamation  was  founded. 
I  have  the  honour  to  be  with  very 

respectfull  Consideration, 
My  Dear  Sir, 

your  Obedient  humble  servant, 

(Signed)  Winthrop  Sargent 
General  James  Wilkinson. 


To  John  Steele. 
Dear  Sir 

I  wish  you  with  the  assistance  of  Mr.  Walker  to  have  the 
Blanks  of  the  within  Proclamation  filled  and  afterwards  pub- 
lished when  you  shall  have  Countersigned  the  same —  it  is  un- 
necessary to  tell  you  it  must  be  a  matter  of  Record —  As  Judge 
Tilton  is  in  the  House  with  you,  I  will  ask  the  favour  of  your 
acquainting  him,  that  the  seals  for  the  divisions  of  the  Territory 
will  be  inscribed  County  seals  which  must  induce  a  Conformity 
in  the  acts  of  the  Territory —  I  trust  we  have  not  proceeded  so 
far  as  to  Cause  any  great  inconvenience  to  Mr.  Walker  or  the 
Printer,  I  wish  the  Judge  or  yourself  to  give  the  Necessary  in- 
formation to  them. 
With  much  esteem, 

Dear  Sir 

yours  &c — 

Signed  Winthrop  Sargent 
Col.  Steele  Secretary,  Mississippi  Territory 


By  Winthrop  Sargent  Governour  of  the  Mississippi  Territory. 

A  Proclamation 
[L.S.] 
It  having  been  represented  unto  me  that  some  persons  un- 
known did  upon  the  24th  instsnt  at  or  near  the  house  of  a  Mr. 


124  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

Swezy  in  the  Vicinity  of  the  Town  of  Natchez,  and  again  in  the 
said  Town  upon  the  28th  Instant  at  the  house  of  Patrick  Con- 
nelly Violently  assault  some  Choctaw  Indians —  Beating,  Maim- 
ing, and  Wounding  them,  in  so  cruel  and  Barbarous  a  manner, 
that  death  will  probably  ensue —  and  whereas  such  aggres- 
sions so  disgraceful  to  a  Civilized  People  and  Repugnant  to  the 
Statutes  of  this  Territory,  not  only  as  they  may  involve  the  inno- 
cent with  the  guilty  in  the  fatal  and  dreadful  Consequences  of 
that  Spirit  of  Retaliation  so  strongly  marking  the  Character  of 
the  red  people  — but  as  outrages  upon  all  Government  and  the 
rights  of  society,  Demand  from  the  Constituted  authorities  of 
this  Territory  the  most  Energetic  Measures  for  their  Punish- 
ment and  suppression,  I  have  thought  proper  to  issue  this  my 
Proclamation  requiring  from  all  Civil  and  Military  Officers,  and 
good  Citizens  within  this  Territory  (According  to  their  respect- 
ive duties)  every  possible  exertion  to  apprehend  and  bring  to 
Justice  the  Authors  and  purpetrators  thereof. 

Given  under  my  hand  and  the  public 

seal  at  Natchez  the  Thirtyeth  day  of 

March  in  the  year  of  our  Lord 

One  thousand  Seven  Hundred  and 

Ninetynine  and  of  the  Independence  of  the 

United  States  of  America  the 

twentythird 

(Signed) 

Winthrop  Sargent 
By  His  Excellencys  Command 

John  Steele  Secretary 


To  Jose  Vidal.1 


Mississippi  Territory  28th  of  March  1799 
The  Governour  presents  his  Compliments  to  Mr.  Vidal,  re- 
quests he  would  favour  him  with  an  Account  or  information  of 
1  Spanish  Consul  at  Natchez. 


GOVERNOR   WINTHROP   SARGENT.  125 

the  Buildings  tenements  and  Lands  Ceded  and  delivered  up  by 
the  Spanish  Government  to  the  United  States  as  belonging  to 
the  Crown  of  Spain,  specially  distinguishing  such  as  appertain 
to  Forts  and  Fortresses,  and  any  Lots  or  Tracts  of  Land  Con- 
tested with  his  Government  (or  ours  as  their  successors)  by  In- 
dividuals, together  with  the  grounds  of  Contest,  so  far  as  he  may 
be  Acquainted  therewith  — Mr.  Vidal  will  undoubtedly  receive 
this  request  as  relating  only  to  the  Mississippi  Territory. 


To 


The  following  Private  Letter  written  by  his  Excellency  the 
Governour  was  deemed  necessary  to  be  entered  on  the  Journal, 

and  is  entered  accordingly. 

Natchez  March  29th  1799 
Dear  Sir, 

I  have  been  honoured  with  your  favour  of  the  25th  by  Mr. 
Mcintosh —  and  await  your  response  to  mine  of  that  date  'ere 
I  write  Governor  Gayoso  and  enclose  the  Proclamation  which  I 
conceive  it  encumbent  upon  me  to  do. 

It  is  the  opinion  of  the  Judges  that  we  can  not  make  farther 
or  better  provision  to  prevent  desertion  than  in  the  Law  Concern- 
ing Aliens  which  I  have  transmitted  you —  and  that  the  Carrying 
into  effect  the  Convention  of  Mr.  Lovell  with  Governor  Gayoso 
would  Constrain  their  Official  Notice,  though  I  am  sure  you  will 
not  doubt  their  very  anxious  desire  to  prevent  desertion  by  all 
Lawful  Means. 

I  view  it  practicable  as  I  have  before  informed  you  to  stop 
the  Spanish  Deserters  at  the  line  but  there  seems  to  me  a  very 
Material  Difference  between  such  a  rule  of  Conduct  and  that  ap- 
prehending them  after  they  shall  be  within  the  Territory  by  a 
Military  Officer, —  in  manner  as  is  provided  by  the  "Convention" 
In  the  law  which  we  have  published  deserters  you  will  observe 
are  not  specially  named —  though  they  are  included  in  the  Pro- 


126  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

hibition  and  my  reason  therefor  (I  have  not  yet  had  the  oppor- 
tunity of  Consulting  Vattel)1  was  that  it  might  be  deemed  an 
assumption  of  Power  properly  National. 

I  am  sure  I  need  not  repeat  to  you  that  if  there  yet  remains 
any  thing  on  my  part  to  be  Constitutionally  done  in  the  Premises 
or  for  Public  Service  that  you  may  Command  me.  for  my  in- 
clination and  Duty  for  Exertion  perfectly  Accord. 
I  am  my  Dear  Sir 

affectionately  yours 

(Signed)   Winthrop  Sargent 


Proclamation. 
By  Winthrop  Sargent  Governour  of  the  Mississippi  Territory. 

To  all  persons  who  shall  see  these  presents,    GREETING,2 

Whereas  it  has  been  directed  by  the  sovereign  authority 
of  the  United  States  that  for  the  due  Execution  of  Process  Civil 
and  Criminal  within  this  Territory,  the  Governour  shall  make 
proper  Divisions  thereof,  and  proceed  from  time  to  time  as  Cir- 
cumstances require  to  lay  out  the  same  into  Counties  and  Town- 
ships—  subject  to  future  alteration  as  may  be  directed —  and 
it  appearing  to  me  Necessary  for  the  purposes  above  mentioned 
that  two  Counties  should  be  erected  and  laid  out  —  I  do 
Ordain  and  order  by  these  Letters  made  Patent,  that  all  and 
singular  the  Lands  lying  and  being  within  the  Boundaries  of  the 
Mississippi  Territory  (as  described  in  the  third  Section  of  the 
Law  of  the  United  States  bearing  date  April  the  seventh  One 
thousand  Seven  Hundred  and  Ninetyeight  for  Establishing  this 
Government)  SHOULD  CONSTITUTE  two  Counties 
—  The  division  of  which  shall  be  a  line  Commencing  at  the  mouth 


1  Vattel's  "Law  of  Nations." 

2  This  proclamation  establishes  the  first  two  counties  of  Mississippi  Ter- 
ritory, and  provides  a  system  of  courts. 


GOVERNOR   WINTHROP   SARGENT.  127 

of  Fairchilds  Creek,  and  running  direct  to  the  most  Southern 
part  of  Ellicott's  Ville  — Thence  Easterly  along  the  dividing  ridge 
of  the  Waters  of  Cole's,  and  Sandy  Creeks. —  so  far  as  the  pres- 
ent settlements  extend,  and  thence  by  a  due  East  Line  to  the 
Territorial  Boundary —  The  Southern  or  lower  Division  of  which 
is  named  and  hereafter  to  be  called  the  County  of  Adams,  and 
the  Northern  or  upper  Division,  the  County  of  Pickering. 

AND  I  do  further  ORDAIN,  that  the  County  Courts 
which  have  been  by  Law  Established  shall  be  holden  and  kept 
therein,  in  the  following  Order  Viz :  For  the  County  of  Adams, 
in  the  Town  of  Nathcez  at  such  place  as  shall  hereafter  be  di- 
rected, the  Court  of  General  Quarter  Sessions  of  the  Peace  upon 
the  first  Mondays  of  May,  August,  November,  and  February, 
yearly  and  every  year,  —  The  Court  of  Common  Pleas  upon  the 
next  succeeding  Wednesdays,  in  the  same  months  also  Yearly 
and  every  Year. 

And  that  the  Judge  of  Probate,  shall  hold  a  Court  of  Probate 
in  the  Town  of  Natchez,  upon  the  first  Saturdays  immediately 
following  the  time  prescribed  for  the  Court  of  Common  Pleas, 
Yearly  and  every  year. 

In  the  County  of  Pickering  and  at  the  Villa  Gayoso,  the  Court 
of  General  Quarter  Sessions  of  the  Peace  shall  be  holden  upon 
the  third  Mondays  of  May,  August,  November,  and  February, 
Yearly  and  every  year. —  The  Court  of  Common  Pleas,  at  the 
same  place,  and  upon  the  Wednesdays  immediately  following  in 
the  months  aforesaid,  Yearly  and  every  year, —  And  the  Judge  of 
Probate,  shall  hold  a  Probete  Court  also  at  the  Villia  Gayoso, 
upon  the  first  Saturdays  next  ensuing  the  times  prescribed  for 
the  sittings  of  the  Court  of  Common  Pleas,  in  each  and  every 
year. —  And  unto  the  said  Counties  of  Adams  and  Pickering,  are 
hereby  granted  all  and  singular  the  Jurisdiction,  Rights,  Lib- 
erties, Priveleges  and  Immunities  whatsoever,  to  a  County  be- 
longing and  appertaining.  — And  which  any  Other  County  that 
may  hereafter  be  erected  and  laid  off,  shall  or  ought  to  enjoy, 


128  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

Conformably  to  the  Laws  and  Ordinances  of  the  United  States, 
and  of  this  Territory. 

In  Witness  whereof  I  have  hereunto 
set  my  hand,  and  caused  the  Public 
seal  to  be  affixed  this  second  day  of 
[L.S.]     April  Anno  Domini  One  Thousand 

seven  hundred  and  Ninetynine,  and  in 
the  twentythird  year  of  the  Independence 
of  the  United  States  of  America. 

Winthrop  Sargent 
By  his  Excellency's  Command 

John  Steele  Secretary. 


To  James  Wilkinson. 

His  Excellency  the  Governor  having  written  the  following 
private  Letter  directed  that  it  be  entered  on  the  Journal. 

The  Grove  Evening  of  Apl.  the  3d  1799 
Dear  Sir, 

I  had  flattered  myself  that  merely  transmitting  unto  you  the 
Extract  from  the  Letter  of  the  Secretary  of  State,  Commanding 
me  to  take  charge  of  the  Public  Buildings  within  the  Missis- 
sissippi  Territory,  (those  of  the  Forts  excepted)  would  have 
induced  your  Order  for  their  immediate  surrender,  without  a 
more  formal  application. —  Immediately  upon  your  arrival  in 
this  part  of  the  Territory,  I  took  leave  to  state  to  you,  that  they 
were  in  my  opinion  very  improperly  withheld  by  the  Military. — 
that  they  were  necessary  to  the  Civil  Government  in  this  Coun- 
try, and  that  I  conceived  myself  the  proper  Guardian  of  all 
Public  property  not  absolutely  appertaining  to  the  Fortresses, 
and  if  I  mistake  not,  requested  instead  of  demanding  such  as 
had  been  placed  under  your  Order  of  this  discription —  With  your 
assurances  of  a  perfect  disposition  to  accommodate  the  Civil 
Authority  with  the  Buildings  which  are  the  subject  of  this  pres- 


GOVERNOR  WINTHROP  SARGENT.  129 

ent  Address  but  that  you  "dared  not"  so  dispose  of  them  —  I  have 
rested  satisfied  until  the  receipt  of  the  Order  of  the  Secretary  of 
State  in  which  it  appears  he  had  the  Concurrence  of  the  Min- 
ister of  War —  Your  declaration  that  so  soon  as  the  Occasion 
should  Cease  for  detaining  the  Public  Buildings  at  Natchez  for 
the  accommodation  of  Captain  Heth  and  Doctor  Phifer  you  will 
deliver  them  up  would  be  enough  for  me  but  that  I  am  under 
the  Necessity  of  Appropriating  them  to  Civil  Purposes,  without 
delay —  Provided  I  may  Obtain  them,  I  am  not  anxious  about 
nonessentials,  and  merely  as  it  respects  myself  'tis  immaterial 
whether  they  be  delivered  as  a  matter  of  Curtesy  or  of  Right, 
and  shall  not,  I  assure  you  Attempt  any  Coercive  Measures  to 
Obtain  them —  I  shall  not  even  permit  it  to  be  promulgated  in 
this  Territory  that  a  demand  has  been  ever  made  and  refused — 
The  Consequences  of  such  report  by  inducing  the  Belief  of  oppo- 
sition to  Civil  authority  might  in  this  distant  part  of  the  Union 
be  very  pernicious —  I  shall  enclose  an  Official  Demand  and  there 
rest  the  matter  fondly  hoping  your  Compliance,  and  whether  or 
not  that  you  will  believe  me  actuated  by  a  sense  of  duty,  and  that 
I  am  at  all  times  perfectly  disposed  to  afford  all  the  Convenience 
and  accommodation  to  the  Military  in  my  Power. 

Mrs.  Sargent  Joins  me  in  respectful  regards  to  Mrs.  Wilkin- 
son and  yourself.     I  am, 

My  Dear  Sir 
with  very  sincere  esteem 
yours 
Winthrop  Sargent 

P.  S.  I  do  not  feel  myself  Authorized  to  request  your  de- 
tention of  Persons  leaving  this  Territory  without  my  passports, 
such  request  has  escaped  my  memory —  It  must  I  think  have 
been  made  upon  some  very  special  Occasion 

General  James  Wilkinson. 


130  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  James  Wilkinson. 

sir  Natchez  April  3d  1799 

In  Consequence  of  the  receipt  of  yours  of  the  27th  ult  re- 
ceived this  day,  'tis  encumbent  upon  me  Officially  to  Address 
to  you  the  following  Extract  of  a  Letter  from  the  Secretary  of 
State. 

"The  Public  Buildings,  (those  of  the  Fort  excepted)  within  the  Mis- 
sissippi Territory  ought  to  be  in  the  hands,  and  under  the  care  of  the 
Government —  you  will  take  charge  of  them  Accordingly.  If  necessity  or 
Convenience  at  any  time  should  render  it  proper  to  apply  them  to  the  Use 
of  the  Military,  the  Application  for  them  must  be  to  the  Governour, — The 
Secretary  of  War  entirely  Concurs  with  me  in  this  matter." 

Signed.     "Timothy  Pickering  " 

From  the  foregoing  I  have  to  ask  Sir,  that  you  would  be 
pleased  to  direct  the  Public  Buildings  of  the  Secretary's  dis- 
cription  which  are  in  the  Town  of  Natchez  to  be  surrendered  to 
me —  Proposing  that  the  Courts  of  Justice  should  sit  in  the 
Town,  early  in  May  and  having  Occasion  for  Offices,  for  the  Sec- 
retary of  this  Territory  and  myself  I  have  to  solicit  your  imme- 
diate attention  to  this  request. 

I  have  to  assure  you  of  my  perfect  disposition  to  afford  every 
Convenience  in  my  Power  to  the  Military  upon  all  Occasions. 
I  have  the  honour  to  be  with  most  respectful 
Consideration 

your  obedient  humble  servant 

(Signed)  Winthrop  Sargent 
General  James  Wilkinson 


A  Proclamation. 
Mississippi  Territory. 

By  Winthrop  Sargent  Governour  of  the 

Mississippi  Territory. 

To  all  who  shall  see  these  presents, —  Greeting.  KNOW 

Y  E,   that  I  have  by  these  Letters  made  Patent  appointed  and 

Commissioned  as  Justices  of  the  Common  Pleas  in  the  County 

of  Adams,  Daniel  Clarke,  Bernard  Lintot,  Thomas  Burling,  John 


GOVERNOR  WINTHROP   SARGENT.  131 

Ellis,  Thomas  Wilkins,  Abner  Green,  George  Fitzgerald,  and 
John  Collins  Esquires  and  do  authorize  and  Empower  them, 
or  any  three  of  them,  to  hold  and  keep  a  Court  of  Record  in  the 
said  County  to  be  styled  agreeably  to  the  Law  in  such  case  made 
and  provided,  "The  Court  of  Common  Pleas  of  the  County  of 
Adams,"  and  hear  and  determine  all  manner  of  Pleas,  Actions, 
Suits  and  Causes  of  a  Civil  Nature,  Real  Personal  and  Mixed, 
according  to  the  Constitution  and  Laws  of  the  Territory. 
In  Testimony  whereof,  I  have  Caused  the 
Public  Seal  to  be  hereunto  affixed —  and 
Undersigned  my  name.    Dated  at  Natchez 
Territory  aforesaid,  this  fifth  day  of  April,  An- 
[L.S.]     no  Domini  One  Thousand  seven  hundred 

and  Ninetynine,  and  of  the  Independence 
of  the  United  States  of  America,  the  Twenty 
third. 

(Signed)  Winthrop  Sargent. 
By  His  Excellency's  Command, 

John  Steele  Secretary. 


Treasurer  of  Adams  County. 

His  Excellency  the  Governor  was  pleased  to  appoint  Bernard 
Lintot  Esquire  Treasurer  for  the  County  of  Adams, —  To  whom 
he  Granted  a  Commission  in  the  Words  following  Viz. 
By  His  Excellency 
Winthrop     Sargent    Esquire, 
Governor  and  Commander  in  Chief  of  the 
Mississippi  Territory, 
to  all  unto  whom  these  presents  shall  come,  Greeting. 

KNOW  YE,  that  I  have  Constituted  and  appointed,  and 
do  by  these  presents  Constitute  and  appoint  Bernard  Lintot 
Esquire  to  be  Treasurer  in  the  County  of  Adams,  and  do  hereby 
Authorize  and  empower  him,  to  do  and  perform  all  and  whatso- 
ever to  the  Office  and  Duty  of  a  Treasurer  in  the  said  County 
doth  any  ways  belong  or  appertain. 


132  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

In  Testimony  whereof  I  have  caused  the  Public  seal  to  be 
hereunto  affixed :  Witness 

Winthrop  Sargent  Esquire, 
Governour  and  Commander  in  Chief. 

Dated  in  the  Territory  the  fifth  day  of  April 
Annoque  Domini,  One  thousand  seven 
[L.S.]     Hundred  and  Ninetynine,  in  the  twenty  third 

year  of  the  Independence  of  the  United  States 
of  America. 
By  His  Excellency's  Command, 

John  Steele  Secretary. 


Appointments. 


His  Excellency  the  Governour  was  pleased  to  appoint  William 
Dunbar  Esquire  Judge  of  Probate,  Lewis  Evans  Esquire  Sheriff, 
Milling  Wooley  Esquire  Coroner,  Peter  Walker  Esquire  Clerk 
to  the  Court  of  General  Quarter  Sessions,  and  Prothonotary  to 
the  Court  of  Common  Pleas,  and  John  Henderson  Esquire  Re- 
corder for  the  County  of  Adams,  to  each  of  whom  he  Granted 
Commissions  respectively  in  the  general  words  of  the  foregoing 
Commission  of  Treasurer  to  Bernard  Lintot  Esquire,  Mutates 
Mutandus  and  dated  the  fifth  day  of  April  in  the  year  One 
thousand  seven  hundred  and  Ninetynine 


Appointment. 

His  Excellency  the  Governor  was  pleased  to  appoint  Justices 
of  the  peace,  and  of  the  Quorum  for  the  County  of  Adams,  to 
whom  he  Granted  a  Commission  in  the  words  following  Viz. — 
Mississippi  Territory. 

By  His  Excellency, 

Winthrop   Sargent    Esquire, 
Governour  and  Commander  in  Chief  of  the  Militia  of  the 
Mississippi  Territory  within  the  United  States  of  America. 


GOVERNOR  WINTHROP  SARGENT.  133 

To  all  unto  whom  these  presents  shall  come — G  r  e  e  t  i  n  g. 

KNOW  YE,  that  I  have  Authorized  and  empowered  Dan- 
iel Clark,  William  Dunbar,  John  Ellis,  James  Mcintosh,  Thomas 
Wilkins,  and  Abraham  Ellis  Esquires  Justices  of  the  Peace  in 
the  County  of  Adams,  to  hold  and  keep  a  Court  of  Record  in  and 
for  the  said  County,  to  be  named  and  styled  agreeably  to  Law, — 
"The  Court  of  General  Quarter  Sessions  of  the  peace"  — and 
therein  to  Enquire  by  the  Oaths  of  good  and  Lawful  men  of  the 
said  County  by  whom  the  truth  may  be  better  known,  of  all  and 
all  manner  of  Thefts,  Trespasses,  Riots,  Routs,  and  unlawful 
assemblies  whatsoever,  and  all  and  singular  other  misdeeds  and 
offences  of  which  by  Law  Justices  of  the  Peace  in  their  General 
Sessions  may  and  ought  to  Enquire,  by  whomsoever,  and  how- 
soever done  or  perpetrated,  or  which  shall  hereafter  happen 
howsoever  to  be  done  or  attempted  in  the  County  aforesaid,  Con- 
trary to  the  form  of  the  Ordinances  and  the  Acts  of  Congress, 
and  of  the  Laws  and  Ordinances  that  now  are  or  hereafter  shall 
be  made  for  the  Common  good — And  to  hear  and  determine  all 
and  singular  the  said  Thefts,  Trespasses,  Riots,  Routs,  Unlaw- 
ful Assemblies,  and  all  and  singular  other  the  Premises,  and  to  do 
therein  what  to  Justice  appertaineth  According  to  the  Laws  and 
Ordinances  aforesaid. 

In  Testimony  whereof  I  have  caused  the  Public 
Seal  to  be  hereunto  affixed,  and  Undersigned 
[L.S.]     my  name,  Dated  at  Natchez  Territory  aforesaid 
this  Sixth  day  of  April  Annoque  Domini 
One  thousand  seven  hundred  and  Ninetynine 
and  of  the  Independence  of  the  United  States 
of  America  the  twentythird 

Signed  Winthrop   Sargent 
By  His  Excellencys  Command 

John  Steele  Secretary 


134  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Appointments. 

His  Excellency  the  Governor  was  pleased  to  appoint  Philan- 
der Smith,  Joshua  Howard,  John  Collins,  Charles  Bourdman, 
Robert  Dunbar,  William  Vousdan,  and  Hugh  Davis  Esquires, 
Justices  of  the  peace,  to  each  of  whom  he  Granted  a  Commission 
in  the  words  following  Mutates  Mutandus.  Viz. 

By  His  Excellency. 
Winthrop    Sargent     Esquire. 
Governor  and  Commander  in  Chief  of  the  Militia  of  the 
Mississippi  Territory  within  the  United  States  of  America. 
To  all  unto  whom  these  presents  shall  come — G  r  e  e  t  i  n  g. 

KNOW  YE,  that  I  have  assigned  and  Constituted,  and  do 
by  these  presents  Constitute  and  appoint,  (Philander  Smith) 
Esquire)  to  be  One  of  the  Justices  to  keep  the  peace  in  the  County 
of  Adams,  and  Territory  aforesaid.  And  to  keep  and  Cause  to 
be  keept  the  Laws  and  Ordinances,  made  for  the  Good  of  the 
peace,  and  for  the  Conservation  of  the  same,  and  for  the  quiet, 
Rule  and  Government  of  the  Citizens  and  Subjects  in  the  said 
County,  in  all  and  every  the  articles  thereof,  according  to  the 
force,  form  and  effect  of  the  same,  and  to  Chastise  and  Punish 
all  persons,  offending  against  the  form  of  these  Laws,  and  Or- 
dinances or  any  of  them  in  the  County  aforesaid,  as  According 
to  the  form  of  those  Laws  and  Ordinances  shall  be  fit  to  be  done ; 
and  to  Cause  to  come  before  him  the  said  (Philander  Smith) 
Esquire  all  those  that  shall  break  the  peace,  or  attempt  any  thing 
against  the  same,  or  that  shall  threaten  any  of  the  Citizens  and 
Subjects  in  their  Persons,  or  in  burning  their  houses,  to  find  suffi- 
cient security  for  the  peace,  and  for  the  good  behaviour  towards 
the  Citizens  and  subjects  of  this  Government;  and  if  they  shall 
refuse  to  find  such  security,  then  to  Cause  them  to  be  kept  safe 
in  Prison  until  they  shall  find  the  same,  and  to  do  and  perform  in 
the  County  aforesaid  all  and  whatsoever  according  to  the  Laws 
and  Ordinances,  or  any  of  them,  a  Justice  of  the  Peace  may  and 
ought  to  do  and  perform;  and  with  other  Justices  of  the  peace 


GOVERNOR  WINTHROP   SARGENT.  135 

in  the  same  County  (according  to  the  Tenor  of  the  Commission 
to  them  granted)  to  enquire  by  the  Oaths  of  good  and  Lawful 
men  of  the  said  County,  by  whom  the  truth  may  be  better 
known,  of  all  and  all  manner  of  Thefts,  Trespasses,  Riots,  Routs, 
and  Unlawful  Assemblies  Whatsoever,  and  all  and  singular  other 
misdeeds  and  offences,  of  which  by  Law  Justices  of  the  peace  in 
their  General  Quarter  Sessions  may  and  ought  to  Enquire,  by 
whomsoever  or  howsoever  done  or  perpetrated  or  which  shall 
hereafter  happen,  howsoever  to  be  done  or  attempted  in  the 
County  aforesaid,  Contrary  to  the  form  of  the  Laws  and  Ordi- 
nances aforesaid  made  for  the  Common  good  of  the  Citizens  and 
subjects ;  and  with  other  Justices  of  the  peace  in  the  same  County 
(according  to  the  Tenor  of  the  Commission  to  them  Granted)  as 
aforesaid  to  hear  and  determine  all  and  singular  the  said  Thefts, 
Trespasses,  Riots,  Routs,  unlawful  assemblies,  and  all  and  sin- 
gular other  the  Premises,  and  to  do  therein  as  to  Justice  apper- 
tained according  to  the  Laws,  Statutes,  and  Ordinances  afore- 
said. 

In  Testimony  whereof,  I  have  caused  the  Public  seal  to  be 
hereunto  affixed.    Witness, 

Winthrop    Sargent    Esquire, 
The  Governour  and  Commander  in  Chief. 

Dated  at  Natchez  in  the  said  Territory  the 
sixth  day  of  April,  Anno  Domini,  One  thousand 
[L.S.]     seven  hundred  and  Ninetynine,  and  in  the 

twentythird  year  of  the  Independence  of  the 
United  States  of  America. 
By  His  Excellencys  Command, 

John  Steele  Secretary. 


Keeper  of  the  Seal. 

His  Excellency  the  Governor  was  pleased  to  appointed  Wil- 
liam Williams  Gentleman  Keeper  of  the  seal  for  this  Territory, 
and  Granted  to  him  a  Commission  for  the  same,  in  the  general 


136  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Words  of  the  Commission  "Granted  to  Bernard  Lintot  Esquire 
Treasurer"  Mutatus  Mutandus  and  dated  the  fifth  day  of  April 
in  the  year  One  Thousand  seven  Hundred  and  Ninetynine, — and 
of  the  Independence  of  the  United  States  of  America  the  twenty- 
third. 


To.  Capt.  John  Heth.1 

The  Grove.  Feby  23d  1799  3  oClock  P.M. 
Sir, 

I  have  this  moment  received  your  Notice  of  your  intended 
Evacuation  of  the  Buildings  at  the  Villa  Gayoso  upon  the  Mor- 
row morning,  and  wish  that  there  had  been  an  Indulgence  of 
more  time  to  have  enabled  me  to  have  possessed  them  for  the 
United  States —  If  you  should  not  leave  Natchez  previous  to 
Tuesday  upon  this  Business,  I  may  have  it  in  my  Power  to 
make  the  suitable  arrangements. 
I  am  &c  &c. 

(Signed)  Winthrop  Sargent 
Captain  Heth. 


To  William  Ferguson.2 

The  Grove  near  Natchez 
February  23d  1799 
Sir 

General  Wilkinson  has  this  day  signified  to  me  his  intention 
of  immediately  withdrawing  the  Troops  heretofore  stationed 
at  the  Public  Buildings,  in  the  Villa  Gayoso,  and  delivering  them 
over  unto  my  requisition —  I  have  therefore  to  request  you  v.'ould 
be  pleased  to  receive  them  from  Captain  Heth  or  any  other 
person  Authorized  to  make  the  delivery —  To  close  the  doors 
and  Windows  and  publish  this  my  Letter  or  a  Copy  thereof  upon 

'In  command  of  a  company  of  United  States  troops. 
2  First  Sheriff  of  Pickering   (now  Jefferson)    County. 


GOVERNOR  WINTHROP  SARGENT.  137 

the  Church  as  information  unto  all  whom  it  may  Concern  that 
they  are  to  be  Considered  as  the  property  of  the  United  States, 
unless  it  may  hereafter  be  otherwise  Ordained —  That  all  waste 
or  injury  of  the  same,  or  an  attempt  to  possess  either  of  the 
Buildings  without  my  special  permission,  will  be  Considered  as 
a  public  Wrong —  At  this  same  time  Sir,  I  authorize  you  to 
suffer  for  the  present  any  person  of  good  Character  to  Occupy 
either  of  the  dwelling  houses  in  the  Village  provided  he  will  be 
responsible  for  the  safe  keeping  of  the  whole. 

I  am  &c. 

(Signed)  Winthrop  Sargent. 
William  Ferguson  Shff.  Northern  District. 


To  Manuel  Gayoso  De  Lemos. 

Natchez  April  15th  1799 — 
Sir, 

I  enclose  you  the  response  of  Figuroa  to  Captain  Peter 
Marigny  obtained  by  my  request  for  precept  from  the  Execu- 
tive in  such  Case  is  inadmissible  under  the  American  Govern- 
ment: The  22d  article  of  the  Treaty  between  the  United  States 
and  Spain,  provides  ample  remedy  for  the  Captain  at  our  Tri- 
bunal and  I  will  at  all  times  take  great  pleasure  by  my  Council 
or  otherwise  in  aiding  every  application  of  your  Excellency's, 
so  far  as  I  can  in  propriety —  I  have  Necessarily  delayed  this 
to  obtain  the  translation  of  yours  which  I  am  not  fully  satisfied 
is  Correct  for  in  the  Decree  it  is  "required"  in  the  name  of  his 
Chatholic  Majesty  that  Figuora  "be  notified  &c"  and  being 
in  iffect  a  Command  can  not  operate  in  any  of  the  Dominions 
of  the  United  States ;  In  this  Territory  Sir  though  perfectly  dis- 
posed to  Continue  the  good  disposition  of  Spain  to  my  Country 
by  every  Act  of  Accommodation  in  my  Power,  I  shall  neverthe- 
less as  in  duty  Bound  fully  maintain  their  sovereignty.  I  am 
disposed  to  believe  that  in  the  original  on  translation  there  may 


138  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

have  been  some  mistake  and  'tis  therefore  and  upon  your  Ex- 
cellencys  request  I  have  enclosed  the  answer  of  Figuora. 

I  had  intended  to  have  transmitted  unto  your  Excellency  my 
Proclamation  to  prevent  the  Admission  of  Foreigners  of  Cer- 
tain Character  within  this  Territory,  but  waited  the  Publica- 
tion or  Printing  of  the  Law,  upon  which  the  same  is  founded 
to  accompany  it;  General  Wilkinson  informs  me  he  has  already 
offered  it  to  your  Excellency  and  I  persuade  myself  that  amongst 
other  good  effects  it  will  be  found  sufficient  to  prevent  desertions 
from  our  Armies,  which  must  be  mutually  Beneficial — 
With  respect  I  have  the  honour  to  be  &c  &c 

(Signed)  Winthrop  Sargent 

Governour  Gayoso. 


To  James  Wilkinson. 

Natchez  April  17th  1799 
Dear  Sir 

This  morning  I  had  the  honour  to  receive  your  Public  and 
Private  Letters  of  th  9th  and  10th  Instant  from  which  it  ap- 
pears that  the  Secretarys  of  State  and  War  do  not  Concur  in 
sentiment  with  regard  to  the  disposal  of  the  Public  Buildings 
in  this  Country,  the  assurances  of  the  former  to  me  Notwith- 
standing.—  I  can  not  Conceive  however  that  an  Order,  for 
application  to  a  Civil  Officer  for  the  Use  of  such  Buildings  for 
the  Military  when  their  Necessity  or  Convenience  might  make 
the  same  proper  will  Justify  the  forciably  withholding  them, 
more  especially  as  the  Consequent  probale  (probable)  Expense 
to  the  United  States  will  exceed  any  sum  Necessary  to  the  suit- 
able and  Customary  Accommodation  for  the  Occupying  Officer. 

I  presume  not  however  Sir,  to  Construe  for  you,  I  have  done 
my  Duty,  save  reporting  our  Correspondence  upon  this  subject, 
to  the  proper  Department  and  According  to  Law; —  It  arises 
out  of  your  Polite  application  however  for  me  to  add,  that  I  be- 
lieve it  very  Essential  to  the  Public  good  to  Continue  a  small 


GOVERNOR  WINTHROP  SARGENT.  139 

Garrison  at  Natchez;  and  as  my  possessing  the  Buildings  here 
must  depend  altogether  upon  your  withdrawing  the  Troops  I 
shall  endeavour  (timely  if  possible)  to  make  other  Provision, 
for  Civil  purposes  without  troubling  you  more. 

You  will  Excuse  I  hope  my  further  Adding,  that  I  am  in- 
formed the  house  Occupied  by  Captain  Heth,  and  Dr.  Phifer 
requires  immediate  attention  to  prevent  its  falling  and  that  there 
are  by  a  return  of  the  Public  Buildings  which  has  been  handed 
to  me  a  greater  Number  at  Natchez  than  by  your  Letter  you  ap- 
pear to  know  of. 

I  am  with  much  esteem  and  Respectful 

Consideration  yours 

Signed  Winthrop  Sargent 

P.  S.  I  am  joined  by  Mrs.  Sargent  in  acknowledgement  of  the 
kind  remembrance  of  Mrs.  Wilkinson  and  yourself,  and  we  re- 
peat the  assurance  of  our  very  sincere  regards,  and  Continued 
wishes  for  your  health  and  happiness —  to  preserve  which  give 
me  leave  to  advise  your  very  early  removal  from  the  Cliffs — 
With  the  subsiding  of  the  Waters  will  Certainly  Commence 
Sickness. 

General  James  Wilkinson. 


To  Timothy  Pickering. 

Sir  Mississippi  Territory  April  20th  1799 

Upon  the  21st  Ult  I  had  the  honour  to  acknowledge  in  a 
Private  Letter —  and  by  a  very  Uncertain  Conveyance  your 
Public  and  private  Favours  of  December  the  10th,  received  upon 
that  date;  since  which  to  this  time,  no  Conveyance  has  offered 
for  Philadelphia,  I  embrace  now  the  Opportunity  sir,  to  notice 
all  the  Subjects  of  your  Public  Letter —  and  in  the  first  place 
it  is  proper  I  should  observe  upon  the  Spanish  Consul  and  that 
such  an  Officer  might  be  made  use  of  to  the  more  readily  Ob- 
taining that  Justice  which  it  is  provided  by  Treaty,  the  Span- 


140  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

iards  may  Obtain  at  our  Tribunals  Generally,  and  for  the  Expe- 
ditious recovery  of  Fugitive  Slaves  as  well  as  in  Common  Con- 
sular duties  arising  out  of  the  Commercial  intercourse  with 
Louisiana  and  this  Territory  which  with  the  Extensive  Con- 
nexions of  Spain  below  and  upon  the  upper  Mississippi  brings  to 
our  shoars  Boats  in  no  inconsiderable  Number  and  amongst  the 
Crews  disputes  sometimes  arise  perhaps  properly  the  Province 
of  Consular  Decision — 

With  regard  to  Continuing  the  Mail  from  this  Country  from 
Nashville  as  far  as  I  have  been  able  to  inform  myself  it  will 
Cost  thirteen  hundred  Dollars  per  year  to  receive  the  same 
monthly —  The  way  proposed  at  present  would  be  from  Natchez 
through  the  Nocksaby  a  Choctaw  Town  and  the  Residence  of 
Mitchell  the  Indian  Agent,  to  Nashville  a  distance  of  about  Six 
hundred  miles —  'Tis  much  the  same  Distance  by  the  Big  Town 
of  the  Chickasaws  —  By  the  Tellico  Blockhouse  or  Knoxville 
there  would  perhaps  be  but  Little  difference  and  the  way  most 
Certain  at  present  on  Account  of  Obtaining  Boats  from  the  White 
People  or  Indians  to  pass  the  Tennessee. —  It  is  generally  be- 
lieved, that  the  road  would  be  shortned  and  Communication  fa- 
cilitated by  marking  the  same  directly  between  the  Yasous  and 
Pearl  Rivers  to  the  Chickasaw  Big  Town  so  as  to  avoid  the  Choc- 
taws  altogether.  —  Which  marking  however  would  be  Expen- 
sive^—  and  the  way  forward  from  Big  Town  to  Tellico  Block- 
house or  Knoxville  through  a  part  of  the  Cherokee  Country — of 
Course  their  Consent  must  be  had  thereto. —  Perhaps  however 
the  most  Certain  and  least  expensive  Way  of  transporting  the 
Mail,  would  be  by  fixing  an  Agent  with  the  Chickasaws  beyond 
the  Big  Town  and  at  or  near  the  Tennessee —  To  carry  the  same 
from  Natchez  to  the  said  Agent  monthly  by  Contract  and  to 
use  the  Indians  thence  to  Nashville,  Tellico  Blockhouse  or  Knox- 
ville— We  want  an  Agent  with  the  Chickasaws;  Mitchell  whom 
I  think  ill  of  and  who  was  appointed  by  Colo  Hawkins  has 
declined  it  and  the  great  Path  to  the  settlements  leads  through 
the  Chickasaw  Nation —  A  Mr.  Stuart  comes  forward  for  the 


GOVERNOR  WINTHROP   SARGENT.  141 

appointment;  I  employed  him  to  retake  Cox  in  the  Nation  and 
found  him  trusty.  He  believes  the  office  may  be  supported  alto- 
gether from  the  Emoluments  of  a  Ferry  over  the  Tennessee  if 
it  might  be  granted  him —  'twill  perhaps  be  Economy  Sir  to 
Establish  it — provided  the  Indians  shall  not  object;  the  same 
however  resting  with  the  General  Government  I  request  your 
Instructions  thereupon —  as  also  some  general  Rule  for  his  reg- 
ulation, if  it  may  be  assented  to-  He  has  Judgement  enough 
to  Employ  in  discretion  runners  with  the  Mail  from  Tennessee — 
to  Tellico  Blockhouse  or  Knoxville. 

The  Public  Buildings  not  annexed  to  the  Fortresses  within 
this  Territory  have  in  Consequence  of  your  Order  bearing  date 
the  10th  of  December  been  demanded  and  refused,  those  at  the 
Villa  Gayoso  excepted  which  were  previously  abandoned  upon 
the  Principle  of  being  an  encumbrance  to  the  Military  as  1  had 
the  honour  of  informing  you  upon  the  13th  Ult  requesting  at 
the  same  time  an  order  from  Government  for  their  Disposition. 
To  obtain  the  Buildings  at  Natchez  which  were  necessary  as 
offices  for  Colo.  Steele  and  myself  and  for  other  Public  Purposes, 
as  formerly  Stated,  I  merely  enclosed  the  Extract  in  Point  Be- 
lieving from  the  footing  upon  which  General  Wilkinson  had 
put  their  detention  and  the  desire  he  had  professed  to  accomo- 
date the  Civil  Authority  (and  which  I  have  also  before  stated 
to  you  in  his  own  words)  would  have  been  enough  But  I  re- 
ceived for  answer  that  the  Buildings  at  Natchez  were  necessary 
for  the  accommodation  of  the  Commanding  Officer,  and  to  save 
Expense  to  the  Public —  The  General  hoped  the  Occasion  might 
not  long  Continue,  and  then  he  would  with  much  pleasure  order 
the  same  to  be  delivered  up —  the  Demand  therefor  however 
being  very  urgent  and  Conceiving  myself  specially  ordered  to 
take  possession  of  them  I  again  transmitted  the  Extract  from 
your  Letter  relative  thereto  formally  and  in  the  same  manner 
demanded  them,  But  observing  that  I  should  not  believe  any 
Coercive  measure  proper,  for  me  on  the  Occasion,  and  that  I 
rested  the  Issue  upon  the  then  application,  fondly  hoping  his 


142  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Compliance  and  that  he  would  believe  me  Actuated  by  a  sense 
of  Duty  and  Public  Service —  that  I  had  every  disposition  to 
Accommodate  the  Military  to  the  Utmost  of  my  Powers,  and  in 
Case  he  should  refuse  my  repeated  requests  that  I  would  take 
great  care  to  prevent  the  same  from  going  abroad  lest  by  its 
being  Construed  into  an  Opposition  of  Civil  Authority  it  might 
produce  very  pernicious  Consequences  in  this  distant  part  of 
the  Union.  The  General  thereupon  transmitted  me  an  Extract 
from  Letter  of  the  Secretary  at  War  (without  date)  and  as  fol- 
lows, Viz — 

"To  revert  back  to  a  Point  I  had  omitted,  the  Public  Buildings  delivered 
"up  by  the  Spanish  to  our  Military  I  have  to  observe  that  it  will  be  very 
"proper,  should  Governour  Sargent  find  Occasion  for  the  use  of  any  of  them 
"for  the  purposes  of  his  Government,  as  for  a  Court  house  Public  Office  &c, 
"to  accommodate  him  with  such  as  are  most  suitable,  provided  the  doing 
"so  will  not  deprive  the  Troops  of  Necessary  Accommodation,  or  the  Public 
"property  of  Secure  Deposit." 

And  Concludes  it  is  not  in  his  Power  at  this  time  to  accommo- 
date me,  without  a  Breach  of  his  orders. 

So  rests  this  matter  at  present  for  I  have  advertized  him 
that  I  believe  myself  to  have  discharged  the  whole  of  my  duty 
save  the  reporting  the  result  to  the  Secretary  of  State —  My 
Letters  to  the  General  upon  this  Occasion  will  appear  in  the 
order  of  date  by  Colonel  Steeles  Communications,  but  as  those 
will  be  Necessarily  delayed  I  have  believed  it  essential  to  notice 
you  of  my  Proceedings  in  this  way,  and  at  the  same  time  it 
perhaps  may  not  be  amiss  to  advertize  you  that  I  have  borne 
Strong  Testimony  to  General  Wilkinson  against  the  form  and 
much  of  the  matter  of  a  Convention  between  him  and  Governor 
Gayoso  published  in  the  enclosed  Louisiane  Monitieur. — 

The  only  Authority  Emanating  from  me  to  such  Convention 
was  an  assurance  to  the  General  of  issuing  a  Proclamation  to 
Prohibit  the  Admission  of  Foreigners  without  passports  Condi- 
tioned that  Governor  Gayoso  should  take  measures  to  prevent 
desertion  which  was  then  it  seems  so  very  alarming  as  to  men- 


GOVERNOR  WINTHROP  SARGENT.  143 

ace  the  Total  Annihilation  of  the  Army  and  to  Authorize  which 
the  Judges  had  given  me  assurances  of  full  Concurrence. 

Governor  Gayoso  who  furnished  me  with  the  Convention  has 
in  return  receive  my  Proclamation  without  more  observation 
than  that  the  same  was  Predicated  upon  Law,  For  General  Wil- 
kison  who  has  declared  unto  me  a  disapprobation  of  the  style  of 
the  Convention  and  that  no  measures  under  his  Authority  shall 
be  taken  to  Contravene  the  Laws  of  his  Country  was  apprehen- 
sive that  in  any  discussion  of  the  Subject  the  Governor  might 
be  released  from  obligations  only  Advantageous  to  the  United 
States —  Perhaps  in  true  republican  Spirit  and  Caution  to  pre- 
vent all  military  Encroachments  I  ought  to  have  come  forward 
with  a  Public  declaration  against  the  Convention,  but  if  I  am 
guilty  of  evil  by  the  Omission  it  is  that  good  may  Come  of  it — 
And  in  all  my  Letters  to  the  General  upon  this  Occasion  which 
will  appear  upon  the  Journal  you  will  find  I  trust  that  I  have 
been  enough  Zealous  and  Wary. 

Since  my  last  Sir  three  Choctaw  Indians  in  and  near  Natchez 
have  been  almost  murdered  in  a  Drunken  affray,  but  were  taken 
into  my  own  house  and  with  Extraordinary  care  and  attention 
have  been  cured  and  Sent  home  Contented —  During  their  Con- 
finement we  were  menaced  from  their  kindred  with  the  "Lex 
talionis"  to  prevent  such  mischief  in  future  we  have  prohibited 
by  Law  their  receiving  intoxicating  Liquors,  but  by  Permission 
of  the  Superintendent. 

I  am  informed  that  General  Wilkinson  is  Commanded  to  the 
Seat  of  Government —  All  my  observations  therefore  relative 
to  Military  interference  in  the  Indian  Department  and  the  dis- 
agreeable effects  to  be  apprehended  in  a  Co  operation  with  the 
regular  Troops  and  Militia  will  now  more  strongly  apply  and 
demand  Explanation  and  Order —  To  be  Convinced  of  this  it  is 
only  Necessary  to  be  informed  of  the  immediately  succeeding 
Officers —  I  believe  I  have  omitted  to  inform  you  Sir  that  it  has 
been  the  Generals  Practice  to  receive  from  Indian  Chiefs  of 
the  Choctaw  Nation  heretofore  attached  to  Spain  their  Certifi- 


144  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

cates  of  Commissions  replacing  them  with  his  own, —  This  I 
have  always  Conceived  a  kind  of  Usurpation  of  the  Superintend- 
ents Duties —  Such  Certificates  however  under  National  Order 
with  Device  as  might  be  directed  would  be  gratifying  to  the 
Indians  and  have  a  good  effect — The  Spaniards  had  a  very  hand- 
some Copper-  plate  Engraving  for  such  purposes  highly  Orna- 
mental with  Trophies  of  War  &c  &c  —  But  I  would  take  leave 
humbly  to  recommend  as  the  most  striking  figures  (for  such 
matters  are  fully  understood  by  red  people)  these  implements 
of  Husbandry  which  we  now  humanely  and  with  best  Policy  are 
Introducing  amongst  them,  and  which  from  the  Example  of  the 
Creeks,  they  will  I  flatter  myself  'eer  long  be  induced  to  seek 
with  avidity. 

The  County  Courts  were  to  have  been  called  into  being  upon 
the  first  Monday  of  May,  but  the  Detention  of  the  Public  Build- 
ings and  some  other  Causes,  will  delay  a  Little  their  Sessions. — 
County  Seals  not  yet  received,  but  the  Law  of  the  United  Stated 
Under  President  Washingtons  Administration  have  come  to 
hand. 

In  a  former  Letter  Sir  you  Obligingly  assured  me  that  One 
of  the  several  Gazettes  published  in  Philadelphia,  should  be 
transmitted  to  me  from  your  office  Such  would  not  only  be 
gratifying  but  highly  useful —  We  seldom  receive  them  within 
the  Territory  their  private  Conveyance  can  not  be  depended 
on —  General  Wilkinson  who  alone  has  them  regularly  from 
the  War  Office  is  too  remote  to  indulge  me  with  their  perusal — 
Any  Dispatches  for  me  by  being  sent  to  the  War  Office  might 
Come  on  to  Pittsburgh  and  thence  receive  facility  in  their  Con- 
veyance to  Cincinnati  and  so  on  to  this  Territory 
I  have  the  honour  to  be 
Sir 

With  highest  respect 

your  most  obedient  servant 

(Signed)  Winthrop  Sargent 

The  Honourable  Secretary  of  State  - 


GOVERNOR  WINTHROP   SARGENT.  145 

By  the  Governor  of  the  Mississippi  Territory 

A    Proclamation 

To  all  persons  who  shall  see  these  presents 

Be  it  know  that  for  good  and  sufficient  reasons  I  have  thought 
fit  to  ordain,  that  the  first  terms  for  the  Sessions  of  the 
[L.  S.]  Courts  of  General  Quarter  Sessions  of  the  Peace,  Com- 
mon Pleas,  and  Probate,  in  the  Counties  of  Adams  and 
Pickering  which  were  heretofore  Ordered  for  the  ensuing  month 
of  May  be  postponed  to  June  next  following,  And  that  they  be 
then  held  at  the  places  and  upon  the  same  relative  days  in  the 
said  month  of  June,  and  in  the  Order  as  was  prescribed  by  my 
Proclamation  bearing  date  April  the  second  of  the  Present 
Year —  And  ever  afterwards  as  has  been  therein  directed. 

Given  under  my  hand  and  the  Public  Seal  at  the  Grove  near 
Natchez,  Territory  aforesaid  this  twentyseventh  day  of  April 
Anno  Domini  1799 —  And  of  the  Independence  of  the  United 
States  of  America  the  Twentythird. 

(Signed)  Winthrop  Sargent 
By  His  Excellencys  Command 
John  Steele  Secretary 


Appointments. 

His  Excellency  the  Governor  was  pleased  to  appoint  Roger 
Dixon,  Richard  Harrison,  William  Thomas,  Samuel  Gibson, 
George  Wilson  Humphreys,  and  Tobias  Brashear  Esquires, 
"Justices  of  the  Common  Pleas"  in  the  County  of  Pickering  to 
whom  he  Granted  a  Commission  in  the  General  Words  of  the 
Commission  Granted  to  Daniel  Clark  and  others,  "Justices  of 
the  Common  Pleas  for  the  County  of  Adams"  and  dated  the  sixth 
of  May  1799. — His  Excellency  was  also  pleased  to  appoint,  Roger 
Dixon,  Richard  Harrison,  William  Thomas,  Samuel  Gibson, 
George  Wilson  Humphreys  and  Tobias  Brashear  Esquires,  "Jus- 

10 


146  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

tices  of  the  Peace  in  the  County  of  Pickering"  to  whom  he 
Granted  a  Commission  in  the  General  Words  Mutates  Matandes 
of  the  Commission  Granted  to  Daniel  Clark  esquire  and  others 
"Justices  of  the  Peace  for  the  County  of  Adams  "  and  dated  the 
sixth  of  May  1799. —  He  was  also  pleased  to  appoint  Mordecai 
Throckmorton,  and  John  Smith  Esquires  Justices  of  the  Peace 
for  the  County  of  Pickering,  to  each  of  whom  he  Granted  a 
Commission  in  the  general  words,  Mutates  Mutandus  of  the 
Commission  Granted  by  him  to  Philander  Smith  Esquire  and 
Others,  "Justices  of  the  peace  for  the  County  of  Adams,"  and 
dated  the  sixth  of  May  1799. —  He  was  also  pleased  to  appoint 
Mordecai  Throckmorton,  and  John  Smith  Esquires  Justices  of 
the  Peace  for  the  County  of  Pickering,  to  each  of  whom  he 
Granted  a  Commission  in  the  general  words,  Mutates  Mutandus 
of  the  Commission  Granted  by  him  to  Philander  Smith  Esquire 
and  Others,  "Justices  of  the  peace  for  the  County  of  Adams,"  and 
dated  the  sixth  of  May  1799. —  He  was  also  pleased  to  appoint 
Thomas  Green  Esquire  Treasurer,  William  Ferguson  Esquire 
Sheriff,  Henry  Green  Esquire  Coroner,  John  Gerault  Esquire 
Judge  of  Probate,  Prothonotary  to  the  Court  of  Common  Pleas, 
Clerk  to  the  Court  of  General  Quarter  Sessions,  and  Register  in 
the  County  of  Pickering,  to  each  of  whom  he  Granted  a  Com- 
mission (According  to  their  several  appointments)  in  the  Gen- 
eral words  (Mutates  Mutandus)  of  the  Commission  Granted  by 
him  to  "Bernard  Lintot  Esquire  Treasurer  for  the  County  of 
Adams,"  and  dated  sixth  of  May  1799  — 


To  William  Ferguson,  Sheriff  of  Pickering  County. 
The   Grove  near  Natchez.   May  20th   1799 
The  Sheriff  of  Pickering  County  is  requested  to  deliver  over 
to  the  care  of  John  Gerault  Esquire  all  those  Public  Buildings 
at  the  Villa  Gayoso,  which  were  placed  in  his  Charge  by  the 
Military  at  the  time  of  withdrawing  the  Guards. 

Signed  Winthrop  Sargent 


GOVERNOR  WINTHROP   SARGENT.  147 

To  Daniel  Tilton. 

The  Grove  Evening  of  the  23d  of  May  1799 
Mississippi  Territory- 
Sir 

It  has  afforded  me  singular  satisfaction  that  in  our  Legis- 
lative Functions  during  so  long  a  session  there  has  been  such 
general  Coincidence  of  sentiment  — But  I  have  very  much  to 
regret,  that  your  opposition  to  the  Proposed  Law  for  regulating 
the  Admission  of  Attornies  in  the  propriety  of  which  Judge 
Bruin  Unites  with  myself,  must  deprive  us  of  due  provision  and 
leave  the  matter  so  loose  as  may  produce  much  evil  in  the  Prac- 
tice of  the  inferior  Courts. 

The  Ordinance  for  the  Government  of  this  Territory,  to  my 
mind,  by  strong  implication  at  least,  Vests  the  Power  of  Au- 
thorizing Attornies  with  the  Governour — though  they  shall  not 
be  entended  of  Commission —  To  the  Judges  I  am  perfectly  will- 
ing, as  my  draught  of  the  Bill  shews  to  give  the  test  of  Necessary 
Legal  Abilities,  but  of  their  Sufficient  reputation  to  be  admitted 
to  the  Courts,  I  believe  myself  equally  well  qualified  with  your 
honour  to  determine —  and  the  safety  of  this  Country  being 
specially  under  my  Charge,  I  employ  more  than  common  means 
of  other  Territorial  Officers  to  make  myself  acquainted  with 
the  disposition  of  all  men  within  this  Government  which  (Ca- 
pacity for  Judging  being  admitted  equal)  must  give  me  an  ad- 
vantage in  this  point  over  your  honour,  but  granting  however 
I  may  be  wrong,  as  I  can  not  sacrifice  the  opinion  of  Judge 
Bruin,  and  myself  upon  this  Occasion, —  As  the  evils  resulting 
from  the  neglect  to  regulate  the  Admission  of  Attornies  may  be 
many  and  great — and  upon  your  Principles  without  any  im- 
mideate  remedy  when  you  shall  have  made  your  departure — 
And  as  the  Bill,  if  passed  into  a  Law  must  be  laid  before  the 
General  Government —  to  receive  their  disapprobation,  if  incom- 
patible with  the  intention  of  the  Ordinance,  no  great  inconven- 
ience can  attend  the  adopting  it  I  have  therefore  to  request  your 
most  serious  reconsideration  of  the  Subject,  and  if  in  the  result 


148  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

you  shall  still  persist  in  your  determination  to  leave  the  Terri- 
tory without  such  Provision  in  the  Premises  as  we  Unanimously 
believe  to  be  essential —  Unless  Judge  Bruin  and  myself  may 
sacrifice  our  Judgment  to  your  Opinion,  I  can  only  deprecate 
the  evil  Consequences  which  shall  ensue —  Conscious  of  having 
performed  the  whole  of  my  duty  by  my  former  Observations, 
and  this  special  application  to  your  honour. 

With  very  respectful  Consideration, 
I  have  the  honour  to  be, 
Sir, 
your  very  humble  servant, 

(Signed)  Winthrop  Sargent. 
The  Honourable  Judge  Tilton. 


To  Timothy  Pickering. 

Mississippi  Territory 
Evening  of  the  26th  of  May  1799 
This  sir  will  be  handed  you  by  General  Wilkinson  who  will 
leave  the  Country  on  the  morrow  and  who  assures  me  he  will 
press  upon  Government  the  seeming  importance  of  immediate 
attention  to  our  Indian  affairs —  I  had  determined  not  again  so 
immediately  to  importune  you  upon  this  subject  but  from  his 
information  of  the  Choctaws  it  is  become  my  indispensable 
duty —  they  are  it  appears  soured  in  the  extreme  at  the  inat- 
tention of  the  United  States,  and  their  Poverty  in  Arms  and 
Ammunition  the  most  restraining  motives  from  aggressions  upon 
the  White  people —  In  a  Case  of  some  horses  demanded  from 
them  (not  by  me)  they  have  declared  their  determination  sooner 
to  shoot  and  take  them  for  food  than  make  the  surrender,  Ob- 
serving that  their  Country  once  affording  abundance  had  be- 
come desolate  by  the  hands  of  a  People  who  knew  them  not  but 
to  increas  their  Wretchedness,  and  that  they  were  determined 
in  future  to  Consider  our  Domestic  Animals  as  fit  objects  for  the 
Chase. 


GOVERNOR  WINTHROP  SARGENT.  149 

This  indeed  partially  they  have  already  done  and  it  will  not 
much  longer  be  suffered  by  the  Planters,  who  have  been  loud 
and  Constant  in  their  Complaints  to  me  since  my  first  arrival  in 
the  Country —  But  without  much  effect,  for  knowing  that  very 
liberal  assurances  had  been  made  unto  the  Indians,  by  Mr.  Elli- 
cott  and  Others  and  nothing  performed  together  with  the  nat- 
ural inference  and  fondly  Continuing  my  hope  from  time  to  time 
that  by  extending  the  Bounty  of  the  United  States  a  favourable 
opportunity  would  be  presented  for  the  due  impression  and  stip- 
ulations I  have  delayed  representation  and  demand  believing  that 
the  same  would  have  made  bad  worse. — 

Having  transmitted  so  many  former  Communications  in 
Point  this  small  addition  I  have  no  doubt  will  be  Considered 
enough,  and  produce  the  Effects  intended —  if  it  shall  be  deemed 
expedient  by  Government  to  take  up  the  matter  at  present 

In  case  a  Treaty  be  ordered  and  the  direction  thereof  with 

the  Governor,  I  shall  have  to  request  very  explicit  instruction 

and  I  take  leave  with  all  deference  to  suggest  the  Advantage  of 

Annual  Donations,  over  even  very  Considerable  Aggregate  Sums. 

I  have  the  honour  to  be, 

Sir, 

With  very  respectful  Consideration, 

(Signed)  Winthrop  Sargent 

The  Honourable  Secretary  of  State — 


Appointments. 


His  Excellency  the  Governor  was  pleased  to  appoint  Officers 
of  the  Militia  in  the  County  of  Adams  as  follows  to  wit — 

Daniel  Clark  Esquire  Lieutenant  Colonel  Commandant. — 
Benajah  Osmun  Esquire  Major  of  Cavalry — 
Benjamin  Farrer,  Daniel  Ferguson  and  George  Cochran  Es- 
quires, Captains  of  Cavalry — 


150  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

William  Mcintosh,  John  Minor,  and  Hampton  White  Gentle- 
men Lieutenants  of  Cavalry —        and 
John  Lintot,  John  Binghaman  and  William  Scott  Gentlemen 

Cornets. 
John  Ellis  Esquire  Major  of  Infantry — 
Abram  Ellis  Philander  Smith  and  John  Collins  Esquires, 

Captains — 
Simpson  Holmes  William  Dunbar  and  Thomas  Lovelace  Gen- 
tlemen Lieutenants. 
Nathaniel  Hoggett  William  Lewis  and  John  Pannil  Gentle- 
men Ensigns. 
James  Elliot  Gentleman  Adjutant,  and 
Jesse  Greenfield  Quarter  Master — 

To  each  of  whom  According  to  their  several  grades  he  Grant- 
ed a  Commission  in  the  words  following —  Mutates  Mutandus 
and  dated  the  twentyfifth  of  October  1798 —  except  George 
Cockrans,  which  was  dated  the  5th  of  May  1799 
United  States 
Mississippi  Territory  By  His  Excellency. 

Winthrop  Sargent  Esquire 
Governour  and  Commander  in  Chief  of  the  Militia  of  the  Mis- 
sissippi Territory  within  the  United  States  of  America. 


Appointment. 

To  Daniel    Clark1    Esquire    GREETING 

YOU  being  appointed  Lieutenant  Colonel  Command- 
L.S.     ant  of  the  Militia  of  the  County  of  Adams. 

By  Virtue  of  the  Powers  vested  in  me  I  do  by  these 
presents  (reposing  Special  trust  and  Confidence,  in  your  Loy- 
alty, Courage,  and  good  Conduct,)  Commission  you  Accord- 
ingly—  you  are  therefore  Carefully  and  diligently  to  discharge 

1  An  Irish  gentleman  and  pioneer  of  West  Florida — a  firm  supporter  of 
the  Sargent  administration. 


GOVERNOR  WINTHROP   SARGENT.  151 

the  duty  of  Lieutenant  Colonel  Commandant,  in  leading  ordering, 
and  Exercising  said  Militia  in  arms,  both  inferior  Officers  and 
Soldiers;  and  to  keep  them  in  good  order  and  Discipline —  And 
they  are  hereby  Commanded  to  Obey  you  as  their  Lieutant  Colo- 
nel Commandant  and  you  are  yourself  to  Observe  and  follow  such 
Orders  and  Instructions,  as  you  shall  from  time  to  time  receive 
from  ME  or  your  Superior  Officers 

Given  under  my  hand  and  the  seal  of  the  said  Territory  the 
twenty-fifth  day  of  October  in  the  Year  of  our  Lord  One  Thou- 
sand Seven  Hundred  and  ninetyeight,  and  of  the  Independence 
of  the  United  States  of  America  the  twenty-third 

(Signed)  Winthrop  Sargent 

By  His  Excellencys  Command 
John  Steele  Secretary 


Militia  Orders  June  the  ist  1799 — 
By  the  Commander  in  Chief  and  for  the  County  of  Adams. 

With  Lieutenant  Colonel  Commandant  Clark,  are  deposited 
the  Military  Commissions  for  the  County  and  agreeably  to  the 
enclosed  List  which  the  Officers  will  be  pleased  to  receive  from 
him  so  soon  as  it  may  suit  their  Convenience —  The  Command- 
ant to  Administer  the  Oath  of  Allegiance,  and  enter  a  Certificate 
thereof  upon  the  Back  of  the  Commissions 

(Signed)  Winthrop  Sargent 


To  the  Justices  of  the  Courts  of  General  Quarter  Sessions. 

Natchez  June  3d  1799 
Gentlemen 

No  person  being  as  yet  in  Commission  to  Prosecute  the  Pleas 
of  the  United  States  and  Territory,  within  this  Government  I 
have  to  request  you  would  ask  of  some  of  the  Gentlemen  who 


152  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

shall  be  admitted  as  attornies  to  attend  to  this  Business  in  the 
Present  term  of  the  Court  of  General  Quarter  Sessions  of  the 
Peace —  should  Occasion  require  it  — 

I  am  &c 

(Signed)  Winthrop  Sargent 
Honourable  Justices  of  the  Courts  of  General  Quarter  Sessions 
of  the  Peace. 

Counties  of  Adams  &  Pickering — 


WINTHROP  SARGENT  Governour  of  the  Mis- 
sissippi Territory  has  thought  proper  to  Authorize  and  Empower 
Roger  Dixon  Esquire  to  tender  and  Administer  unto  all  and 
every  of  the  Officers  Civil  and  Military  now  or  hereafter  to  be 
appointed  in  the  County  of  Pickering  the  several  Oaths  which 
are  or  may  be  required  from  them  respectively  and  to  receive 
from  them  subscriptions  thereto  whenever  the  Laws  of  this  Ter- 
ritory shall  render  the  same  Necessary. — 

In  Testimony  whereof  he  has  Caused  the  Public  Seal  to  be 
hereunto  affixed  this  fourth  day  of  June  Anno  Domini  1799  and 
undersigned  his  name 

(Signed)  Winthrop  Sargent 


To  Gov.  Manuel  Gayoso.  De  Lemos. 

June  13th  1799  Natchez 
Sir 

I  have  this  moment  been  honoured  with  your  favour  of  the 
sixth  instant,  and  have  afforded  to  Mr.  Marionett  upon  your 
Excellency's  recommendation  the  fullest  gratification  I  could  and 
which  I  trust  may  answer  his  Wishes  and  Expectations. 

Mr  Vidal  may  Calculate  upon  the  Continuance  of  my  best 
Offices  for  the  Welfare  of  Individuals  of  your  Nation —  In  ren- 
dering services  to  the  subjects  of  his  Catholic  Majesty  I  per- 


GOVERNOR  WI'NTHROP  SARGENT.  153 

suade  myself  I  promote  the  intentions  of  my  Government  and 
I  am  sure  I  need  not  assure  you  that  at  the  same  time  I  very 
much  gratify  my  own  Inclinations. 

News  I  have  none  and  knowing  your  Excellency's  important 
avocations  always  but  more  especially  just  now  I  forbear  to  add 
more  but  the  very  best  wishes  of, 
Sir 

your  very  humble  Servant, 

Signed  Winthrop  Sargent 
His  Excellency 

Governor  Gayoso 


To  Colo.  Daniel  Clark. 

June  23d  1799  Bellemont 
Dear  Sir 

I  have  been  honoured  with  your  favour  of  the  18th  instant 
this  morning  and  to  which  I  can  but  repeat  my  assurance  of  all 
Possible  exertions  to  promote  your  speedy  attainment  of  the  most 
ample  amends  for  the  Indecency  offered  to  your  Character — 
You  Certainly  Sir  do  not  doubt  my  Disposition  therefor. —  I 
feel  it  due  to  your  rank  and  at  the  same  time  possess  all  the 
Excitement  of  personal  regard  and  Esteem. 

I  am  not  very  well  at  present —  either  on  the  morrow  or  next 
day  I  hope  to  be  in  Town  and  to  have  the  pleasure  of  seeing 
you —  In  the  meanwhile  I  assure  you  that  upon  a  full  Consid- 
eration of  Craigs  Conduct  I  verily  believe  that  a  Virtuous  Grand 
Jury  would  most  Certainly  find  a  Bill  against  him.  I  enclose 
you  some  very  Valuable  Pamphlets  wishing  you  to  make  them 
as  Public  as  possible. 

With  respectful  Consideration  I  am  Sir 

your  Obedient  humble  servant 

(Signed)  Winthrop  Sargent 
Colo.  Daniel  Clark. 


154  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

A  transcript  was  made  for  transmission  to  the  Secretary  of 
State  and  authenticated  in  the  words  following  Viz. 

I  do  Certify  that  the  foregoing  Pages  from  No.  One  to 
eightyfive  is  a  transcript  taken  from  the  Journal  of  "the  Pro- 
ceedings of  the  Governor  in  his  Executive  Department"  from 
the  first  of  January  until  the  thirtieth  of  June  1799  inclusive. 

In  Testimony  whereof  I  have  hereunto  set  my  hand  and  seal 
as  "Secretary  in  and  for  the  Mississippi  Territory"  near  Natchez 
in  the  County  of  Adams  this  sixth  day  of  September  in  the  Year 
One  thousand  Seven  Hundred  and  Ninetynine 

John  Steele    L.  S. 

This  transcript  was  sent  on  by  Judge  McGuire,  who  set  out 
the  13th  of  October-  1799  for  Virginia 


To  Daniel  Clark. 

Bellemont  Plantation 

July  18th  1799— 
Sir 

I  had  the  honour  to  receive  your  favour  of  the  16th  instant, 
covering  the  Copy  of  a  Letter  to  Captain  Collins,  and  the  pro- 
posed General  Militia  order  for  your  Command,  which  perfectly 
accord  with  my  Military  Ideas  of  propriety  and  probably  might 
be  acceptable  to  most  of  the  Gentlemen  in  Commission;  But  as 
our  experience  teaches  us  this  Country  is  not  wholly  without 
insidious  and  wicked  Cavillers —  Men  striving  by  all  their  little 
means  to  thwart  and  embarrass  the  most  useful  arrangements 
of  Government.  Perhaps  in  our  orders  it  will  be  best,  to  con- 
fine ourselves  within  the  Letter  of  the  Law,  and  to  endeavor 
to  effect  such  regulations  as  may  not  therein  be  provided  for  by 
Recommendation  and  Example. —  No  military  man  can  be  unin- 
formed of  the  importance  of  Dress  for  a  soldier,  and  the  Uni- 
form will  I  flatter  myself  be  very  soon  generally  Worn  by  the 
Officers,  I  will  myself  Consider  it  as  highest  dress.  That  Gen- 
tlemen in  Commission  not  sufficiently  understanding  their  duty, 


GOVERNOR   WINTHROP   SARGENT.  155 

will  set  about  perfecting  themselves  I  can  have  no  doubt —  Your 
proposal  frequently  to  assembly  them  together  for  this  purpose 
must  meet  with  general  approbation,  and  I  have  very  strong 
reasons  for  recommending  the  Measure. —  The  Public  Exigen- 
cies may  soon  Demand  our  Military  Services,  and  the  interests 
of  our  Country  and  reputation  therefore  require  we  should  be 
fully  Competent  without  delay —  In  the  Provision  to  enable  the 
President  of  the  United  States  to  repel  Invasions,  large  Calcu- 
lation is  made  upon  the  Effective  force  of  the  Mississippi  Ter- 
ritory, but  without  the  due  information  of  Officers,  and  atten- 
ion  to  train  the  Men,  Disappointment  and  the  most  fatal  Conse- 
quences may  ensue —  No  exertions  upon  my  part  however  Sir, 
shall  be  wanting  to  a  state  of  Complete  preparation  for  all  Events 
and  I  rest  fully  assured  of  your  aid ;  for  your  Zeal,  ability  and 
disposition  to  service  as  a  Military  and  Civil  Officer  within  the 
Territory  upon  all  Occasions  which  have  as  yet  offered,  there  is 
the  strongest  Testimony. 

Major  John  Ellis  Sir,  being  in  the  Commission  of  the  Peace 
may  very  properly  administer  the  Oath  to  the  Military  Officers 
of  his  Quarter,  which  if  you  have  not  transmitted  your  Orders 
to  him,  I  wish  you  would  be  so  Obliging  as  to  signify  to  him  is 
my  desire. 

With  all  due  respect,  I  am, 
Sir, 

your  very  humble  Servant, 

(Signed)  Winthrop  Sargent 

Lieutenant  Colo-  Daniel  Clark. 


To  Timothy  Pickering. 

Mississippi  Territory 
gir  July  17th—  1799 

Upon  the  last  Evening  Colo-  McKee1  made  me  acquainted 
with  his  appointment  as  an  agent  to  the  Choctaw  Nation —  that 
previous  to  his  departure  from  Philadelphia,  the  Secretary  at 

^ol.  John  McKee. 


156  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

War  had  informed  him  no  provision  had  been  made  for  Presents 
to  those  Indians,  and  that  our  Particular  Friends  amongst  them 
had  become  alarmed,  and  extremely  uneasy  thereupon.  For  re- 
lying upon  Mr-  Ellicotts  promises,  they  had  given  the  most  pos- 
sitive  assurances  of  the  intended  Bounty  of  the  United  States; 
This  Mr-  McKee  has  learned  in  a  Visit  to  the  Nation  previous 
to  my  seeing  him. 

I  have  Sir  already  Written  you  very  much  on  those  subjects, 
so  very  interesting  to  the  Territory,  and  important  to  the  United 
States:  To  the  Indians  our  word  seems  most  unequivocally 
Pledged ;  I  take  leave  to  quote  from  Mr-  Ellicotts  writing 

From  Natchez  June  5th  1797  he  writes  to  Turner  Brashears. 

"The  United  States  will  annually  distribute  Goods  amongst  them  as 
the  Price  of  their  Friendship." 

"I  am  charged  with  a  Special  Commission  to  the  Nation,  that  I  believe 
will  be  satisfactory  to  them,  but  Circumstances  at  present  forbid  me  to  act." 

Again  24th  of  August  in  a  formal  Speech  to  the  red  squirrel, 
red  Brother,  and  the  other  Chiefs  and  Warriors  of  the  Choctaw 
Nation 

"Your  Brothers  of  the  United  States  have  not  forgotten  you —  as  soon 
as  the  line  is  marked,  all  our  Choctaw  Brothers  who  fall  on  the  North  side 
of  it  will  be  remembered  with  our  Chickasaw  Brothers,  and  receive  good 
presents." 

"Your  Brothers  of  the  United  States  will  give  you  good  Goods  —  they 
never  give  their  red  Brothers  any  thing  that  is  bad." 

"The  Spaniards  are  soon  to  leave  the  Walnut  Hills  and  Natchez,  and 
when  they  go  away,  your  Brothers  from  the  United  States  will  send  Traders 
with  Goods  to  those  places,  where  you  may  be  supplied  at  a  reasonable  rate 
with  everything  you  want,  without  being  overcharged  or  imposed  upon" 

All  this  Sir,  and  my  former  many  observations  upon  Indian 
Affairs  in  this  Country,  I  request  again  to  bring  to  your  View, 
and  serious  Consideration. —  soliciting  the  same  may  be  laid 
before  the  Secretary  of  War,  if  with  you  they  are  not  properly 
jn  order;  not  having  been  instructed  to  embrace  that  Channel 


GOVERNOR  WINTHROP   SARGENT.  157 

for  any  of  my  Communications  I  have  believed  in  you  Sir,  as 
the  only  proper  Organ  upon  all  Occasions. 
I  have  the  honour  to  be,  Sir, 

With  every  sentiment  of  respectful  Consideration, 
your  very  humble  servant, 

(signed)    Winthrop  Sargent 
The  Honourable  secretary  of  State. 


To  Thomas  Green. 

Mississippi  Territory 
July  20th  1799 
Sir. 

You  having  been  appointed  Treasurer  of  Pickering  County 
and  the  Duties  thereof  in  the  present  moment  becoming  Neces- 
sary, I  have  to  request  that  you  would  transmit  unto  me  the 
Bonds  required  by  Law,  in  order  to  Capacitate  you  to  act  in 
the  said  Office. 

I  have  the  honour  to  be —  Sir 

your  most  obedient  humble  servant 

(signed)    Winthrop  Sargent 
Thomas  Green  Esquire 


Port  of  Entry. 

Mississippi  Territory 
(Circular)  July  20th  1799 

Sir 

The  honourable  Congress  having  been  pleased  to  direct  that 
there  shall  be  a  District  on  the  River  Mississippi  south  of  the 
State  of  Tennessee  which  shall  include  all  the  Waters  Shores 
and  inlets  of  the  River  Mississippi  and  other  Navigable  Rivers 
and  Waters  Connected  therewith,  lying  within  the  Jurisdiction 
of  the  United  States,  and  South  of  the  said  State,  and  that  it 
shall  be  Lawful  for  the  President  of  the  United  States  to  desig- 


158  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

nate  a  proper  place  to  be  the  Port  of  Entry  and  delivery  within 
the  same,  and  to  appoint  a  Collector  to  reside  thereat. 

And  having  been  requested  to  transmit  for  the  information 
of  the  President,  an  Opinion  as  to  the  proper  place  for  Estab- 
lishing a  Custom-house  with  the  name  of  some  person  worthy 
to  be  entrusted  with  the  office  of  Collector;  I  have  taken  leave 
Sir,  to  address  you,  with  other  intelligent  Gentlemen  of  the  Ter- 
ritory upon  those  Subjects,  requesting  you  would  be  so  obliging 
as  to  assist  me  to  make  the  Necessary  Communications  as  early 
as  possible. 

I  have  the  honour  to  be, 
Sir, 
your  most  obedient  humble  servant 

(Signed)  Winthrop  Sargent 

To  the  Honourable —  Judge  McGuire,  the  Honble —  Judge 
Bruin.  Colo-  John  Steele,  Colo.  John  Gerault  Thomas  Green 
Thomas  Wilkins,  George  Fitzgerald,  Daniel  Clark,  William  Dun- 
bar, Thomas  Burling  John  Ellis,  Bernard  Lintot,  James  Mcintosh 
and  Peter  Walker  Esquires.  Colo-  Anthony  Hutchins,  Colo- 
Joseph  Pannil,  Major  Benajah  Osmun,  William  Vousdan  Esquire, 
Isaac  Guillard  Esquire,  and  Mr-  Ebenezar  Rees. 


To  Thomas  H.  Cushing.1 

Bellemont  July  21st  1799 
Sir 

Mr-  Marschalk2  having  this  Evening  announced  to  me  your 
Order  for  his  immediately  repairing  to  the  Walnut  Hills,  I  owe 
it  to  Public  Service  to  inform  you,  I  had  the  most  possitive  as- 
surance from  General  Wilkinson  he  should  Continue  at  Natchez 
to  Print  the  Laws  of  the  Territory —  that  he  has  not  Completed 
that  Business —  That  it  cannot  be  done  at  the  place  of  his  desti- 

1  Officer  in  command  during  absence  of  Gen.  Wilkinson. 

2  First  publisher  and  editor  of  Mississippi  Territory.  Founder  of  Natchez 
Gazette. 


GOVERNOR   WINTHROP   SARGENT.  159 

nation —  and  furthermore,  that  this  removal  will  put  it  out  of 
my  Power  to  avail  myself  of  the  much  needed  facility  in  dis- 
seminating information  to  the  Public,  in  my  opinion  at  present 
of  very  great  importance,  not  only  to  the  Weal  of  this  Territory, 
but  of  the  United  States,  and  which  the  General  assured  me  I 
should  Command —  I  forbear  to  say  more,  flattering  myself  this 
may  be  sufficient  to  induce  you  to  Continue  Mr-  Marschalk's  serv- 
ices to  the  Public,  which  he  can  only  have  it  in  his  power  to 
render,  by  being  suffered  to  remain  in  his  present  Command, 
and  which  for  the  reasons  before  detailed  I  presume  to  solicit. 

With  much  Esteem  Sir, 

I  have  the  honour  to  be 

(Signed)  your  most  Obedit-  humble  servant 

Major  Cushing  Winthrop  Sargent 

Commanding  in  the  Mississippi 


To  Justices  of  Adams  &  Pickering  Counties. 

Mississippi  Territory 
July  23d-  1799— 
The  Governor  has  not  yet  appointed  an  Attorney  to  Pros- 
ecute the  Pleas  of  the  United  States,  or  Territory  in  either  of 
the  Counties, —  and  requests  of  the  Justices  of  the  peace,  to 
ask  such  attention  from  of  the  Gentlemen  of  the  Bar,  as  shall 
be  found  Necessary. 

(Signed)   Winthrop  Sargent. 


To  the  Justices  of  Adams  &  Pickering  Counties. 

His  Excellency  the  Governor  was  pleased  to  appoint  Officers 
of  the  Militia  of  the  County  of  Pickering  as  follows  to  wit. 
John  Girault  Esquire,  Lieut.  Colo.  Comm-dant 
Roger  Dixon  Esquire  Major, 
Richard  Harrison  Esquire  Major, 


160  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Thomas  Calvit  Esquire 

William  Thomas  Esquire  & 

Arthur  Carney  Esquire  Captains  of  Cavalry. 

James  Truly 

Augustus  Campbell  & 

Gibson  Clark  Gentlemen  Lieutenants  of  Cavalry 

James  Spain 

Robert  Miller  & 

James  Davenport,  Gentlemen,  Cornets. 

Tobias  Brashear 

John  Brooks  and 

George  Selser  Esquires  Captains  of  Infantry 

George  Wilson  Humphreys 

William  Smith 

Lewis  Reed  Throckmorton  & 

Anthony  Glass  Gentlemen  Lieutenants. 

Eden  Brashear 

William  Collins,  and 

John  Arden  Gentlemen,  Ensigns 

Augustus  Campbell  Gentleman  Adjutant 

To  each  of  whom  according  to  their  several  Grades  he  Grant- 
ed a  Commission  in  the  general  words  (Mutates  Mutandis)  of 
the  Commission  granted  by  him  to  Lieutenant  Colo.  Clark  of  the 
County  of  Adams,  and  dated  the  twenty-fifth  day  of  October 
1798 


Militia  Orders  for  Pickering  County 

August  1st  1799 
The  Commander  in  Chief  takes  the  earliest  opportunity  to 
transmit  unto  Lieutenant  Colo.  Commandant  Girault  Commis- 
sions for  the  Officers  of  the  Legion  under  his  Command—  He 
will  be  pleased  to  administer  unto  them  the  Oath  required  of 
all  Officers  by  the  "Act  of  the  United  States"  and  make  a  Cer- 


GOVERNOR  WINTHROP   SARGENT.  161 

tificate  that  they  have  taken  the  same  upon  the  back  of  their 
Commissions. 

(Signed)  Winthrop  Sargent 


To  Evan  Jones.1 

Mississippi  Territory 

August  1st  1799 
sir,  fe 

When  I  had  the  pleasure  of  seeing  you  at  Natchez,  I  men- 
tioned unto  you  the  name  of  John  D.  Burke  who  has  in  effect 
been  banished  the  United  States,  for  Publishing  some  Villainous 
libels  against  the  President —  He  was  presented  therefor,  and 
a  Noli  Prosequi  Ordered  to  be  entered  (he  being  an  alien)  upon 
Condition  of  his  leaving  the  Country. —  He  has  been  a  danger- 
ous Turbulent  and  very  Mischievous  Man  in  the  only  Govern- 
ment where  I  have  known  him,  and  from  the  University  of 
Dublin  was  expelled  for  infamous  Political  Principles  and  Con- 
duct—  In  this  view  and  ruled  by  our  national  good  Will  to  the 
Spanish  Government,  I  had  intended  to  have  presented  him  to 
the  Governor  of  Louisiana —  informed  that  he  was  to  Embark 
from  Charleston  South  Carolina  for  New  Orleans  where  not- 
withstanding the  best  possible  Police  he  might  operate  material 
111 —  e're  he  was  enough  known —  The  death  of  Governor  Gayoso, 
and  his  immediate  successor  (as  is  here  reported)  leaves  me 
at  a  loss  for  more  direct  Communication  than  through  you  sir, 
which  I  take  leave  to  request  therefore  you  would  be  good 
enough  to  make  in  my  name  to  the  proper  Characters,  with 
fullest  assurances  of  my  best  Wishes  private  and  Official. 

I  enclose  unto  you  such  of  the  Laws  of  this  Territory  as  have 
been  Printed,  and  will  make  them  Complete  as  they  come  from 
the  Press, —  believing  they  may  be  useful  and  interesting. 
With  respectful  Esteem,  I  have  the 
honour  to  be,  Sir, 

your  obedient  humble  servant 

Evan  Jones  Esquire  (signed)  Winthr°P  Sargent 

New  Orleans 

1  American  Consul  at  New  Orleans. 

11 


162  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Timothy  Pickering. 

Mississippi  Territory 
(Private)  Natchez  Augt-  3d-  1799 

Dear  Sir, 

I  received  your  interesting  Private  Letter  of  the  20th  of 
May  upon  the  31st  Ult.  and  will  use  the  Cipher  when  Neces- 
sary—  Enclosed  you  have  the  number  of  my  Letters,  public  and 
Private,  Commencing  with  my  apopintment  to  this  Government, 
Colo-  Steele's  ill.  State  of  health  and  the  want  of  safe  Convey- 
ance, has  I  believe  necessarily  delayed  the  Duplicates  which  it 
is  his  Province  to  have  transmitted. 

I  also  received  at  the  same  time,  your  introductory  Letter 
of  Mr-  Jones  of  the  18th  of  May,  and  that  of  the  22nd  respect- 
ing J.  D.  Burke,  both  of  which  shall  receive  the  due  attention. — 
Governor  Gayoso  dying  Just  as  Mr-  Jones  passed  this,  and  as 
yet  having  no  knowledge  of  his  successor, —  I  requested  him 
to  take  a  favourable  opportunity  to  make  the  Communications. 

I  will  write  Colo-  Hodgdon  by  this  opportunity  to  request  he 
would  refund  the  600  Dollars  in  season —  the  residue  400  of  the 
1000  I  have  before  formally  advertised  you  sir  was  expended  in 
the  Tour  to  the  Western  Counties  in  the  Northwestern  Terri- 
tory. 

To  your  Queries  relative  to  Mr-  Ellicott  &c  I  have  to  reply, 
that  I  have  never  heard  of  ought  exceptionable  in  his  Public 
Conduct  as  a  Commissioner  in  this  Country. —  His  Private  Char- 
acter has  been  marked  perhaps  by  some  Traits  disreputable, — 
but  I  have  have  myself  been  induced  to  believe  they  are  derived 
from  a  Weak  fondness  to  his  son —  Indulging  him  in  a  Mistress, 
and  even  taking  her  to  his  own  Table —  thereby  Countenancing 
the  Faith  that  she  was  his  own. 

Mr-  Dunbar x  I  believe  relinquished  the  Commission,  from 
Necessary  attentions  to  a  Young  Family  and  ill  health ; —  having 
afforded  all  the  astronomical  aid  absolutely  necessary  in  the 
View  of  the  Spaniards,  they  were  perhaps  very  willing  to  part 

1  William  Dunbar,  representing  Spain  on  Boundary  Commission. 


GOVERNOR  WINTHROP   SARGENT.  163 

with  him  to  increase  their  own  Emolument. —  From  various 
Conversations  with  Mr-  Dunbar,  Major  Minor  and  Mr-  Ellicotte 
sir,  I  am  inclined  to  believe,  that  Mr-  Freeman  was  intemperate, 
imprudent,  and  very  inattentive  to  Duty;  But  Facts  whatever 
they  were,  may  readily  enough  be  Established  if  required —  sun- 
dry applications  have  been  made  to  me  heretofore  upon  this 
subject  which  you  will  be  made  acquainted  with  by  reference 
to  the  secretary's  Communications:  if  I  have  not  been  enough 
explicit  sir,  you  know  you  may  Command  me. 

With  high  esteem  and  equal  respect  I  am, 
Dear  Sir, 

your  very  humble  servant 
signed  Winthrop  Sargent 
The  Honourable  Secretary  of  State 


To  James  McHenry. 

Natchez  Aug.  the  3d-  1799 
Sir. 

Upon  the  31st  I  was  honoured  by  your  first  favour  bearing 
date  May  the  20th  1799 

At  my  appointment  to  the  Government  of  this  Territory, 
and  before  I  had  quitted  the  North  Western  Territory,  I  took 
leave  to  address  to  you  a  Letter  upon  Indian  Affairs,  and  re- 
questing to  be  informed  if  any,  and  what  Communications  should 
be  made  to  your  Office —  Adding  some  matters  of  private  Mo- 
ment, but  interesting  only  to  myself. —  It  is  possible  this  Letter 
may  have  miscarried,  or  that  your  multiplied  engagements  pre- 
vented its  Notice. 

In  a  Letter  bearing  date  the  17th  Ultimo,  and  to  the  Secre- 
tary of  State,  I  took  leave  Sir  to  request  a  reperusal  of  all  my 
Communications,  relative  to  the  Indians,  and  that  the  same 
should  be  submitted  to  you,  if  not  perfectly  in  order  in  his  De- 
partment— and  this  sir,  upon  strong  Presumption  that  with  very 


164  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

sufficient  reason,  they  are  extremely  dissatisfied —  there  are 
grounds  to  suppose  French  Emissaries  are  amongst  them,  and 
unless  we  seize  the  present  Moment —  unless  we  perform  some 
of  our  Charitable  promises  they  will  Unite  with  our  Foes  in  the 
very  first  opportunity. 

I  endeavour  to  Conciliate  them  by  Language  but  have  never 
made  them  promises  farther  than  that  I  would  state  their  pov- 
erty to  Government,  and  solicit  for  them :  My  Economy  has  been 
rigid;  I  have  had  many  Visitors  Chiefs  sent  in  by  Mitchell  the 
Agent,  with  Considerable  expectations,  but  the  whole  amount 
of  Indian  Goods  distributed,  with  a  few  Blankets  now  on  hand 
does  not  exceed  four  hundred  Dollars,  supplied  by  a  Mr-  Hunt, 
and  for  which  I  drew  a  Bill  upon  the  Department  of  State,  en- 
closing the  receipt  therefor  as  a  Voucher,  a  Duplicate  of  which 
shall  be  transmitted  unto  the  Accountant  agreeably  to  your 
order. 

Provisions  have  been  issued  very  sparingly — Bread  and  Beef 
alone,  and  this  always  obtained  by  request  from  the  Militery 
Commandants  instead  of  Order, —  Liquor  never  has  been  fur- 
nished save  by  the  Glass,  and  in  my  own  house  as  refreshment. — 
The  Planters  bear  the  Burden  of  feeding  the  Indians,  and  at 
times  it  is  almost  intolerable,  as  my  own  Experience  informs 
me: — 'tis  no  uncommon  thing  for  us  to  be  Visited  by  two  or 
three  hundred  Indians  at  a  time,  who  leave  us  only  at  the  ap- 
proach of  the  sickly  season —  they  will  be  fed,  and  often  eat 
up  a  poor  farmer  in  a  few  meals. —  Denial  would  be  Vain,  but 
I  tremble  for  the  Consequences  which  may  await  the  making 
thereof. —  I  recommend  patience,  and  Venture  assurances  that 
due  provision  will  be  made  by  our  Government —  That  we  shall 
effect  some  Stipulations  with  those  People,  and  be  enabled  to 
reap  our  Fields  as  well  as  sow  them. 

They  (The)  Country  being  never  wholly  without  Indians,  and 
almost  daily  Complaints  of  aggression  from  them  being  made 
to  me,  an  Interpreter  has  seemed  always  essential —  But  two 
persons  speaking  the  Choctaw  Language  were  within  my  knowl- 


GOVERNOR   WINTHROP   SARGENT.  165 

edge,  one  of  which  a  White  man  might  possibly  have  been  pro- 
cured for  forty  Dollars  per  month, —  The  other  is  a  Slave  of 
Major  Minors  whom  he  was  about  taking  to  the  line,  but  whom 
I  have  detained,  intending  to  allow  him  fifteen  Dollars  per 
month  and  two  Rations. —  If  the  Measure  meets  not  your  Ap- 
probation sir,  I  must  discharge  him.  Colo-  McKee  informs  me 
of  the  Necessity  of  an  additional  Interpreter  in  the  Choctaw  Na- 
tion with  your  observation  that  the  appointment  was  with  me. — 
Upon  this  also  sir  I  request  your  Instruction —  and  Generally 
Sir  I  shall  I  persuade  myself,  be  very  much  benefitted  by  your 
Special  Direction  in  Indian  Affairs,  and  always  as  in  Duty  bound 
most  implicitly  Governed. 

The  Buildings  to  which  you  allude  sir,  have  been  given  up 
to  my  Care  by  General  Wilkinson —  some  because  it  was  incon- 
venient for  the  Military  longer  to  keep  them,  and  others  upon 
my  request,  made  however  upon  assurance  that  they  never  had 
been  Considered  as  "Annexed  to  Military  Posts"  Under  the  Ad- 
ministration of  the  Spanish  Government. 

The  Letter  which  you  Commanded  me  to  transmit  to  Colo- 
McKee  was  not  "enclosed"  as  you  probably  intended 
With  very  respectful  Consideration 
I  have  the  honour  to  be  sir, 

your  most  obedient  humble  servant, 

(signed)  Winthrop  Sargent 

The  Honourable  Secretary  of  War. 


To  Timtohy  Pickering. 

No.  23.—  Natchez  August  the  17th  1799 

Sir, 

I  was  honoured  with  your  Public  Letter  of  the  20th  of  May 
upon  the  31st  Ult. 

The  Petitions  alluded  to  therein  I  pray  may  be  brought  for- 
ward in  the  next  session  of  Congress. —  For  this  people  with 


166  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

as  little  Candour  as  Consideration,  have  published  suspicions  of 
inattention  thereto,  either  from  the  General  Government,  or 
their  immediate  Governor,  the  latter  probably  was  meant,  and 
I  should  be  extreme  sorry,  that  to  their  very  long  list  of  imag- 
inary Grievances,  there  should  be  added  one  real  Cause  of  Com- 
plaint. 

The  Business  of  the  Post  Office  shall  receive  all  the  aid  which 
I  can  give  it. —  I  do  not  write  you  Particularly  thereupon  by  this 
Conveyance  for  the  want  of  a  former  Letter  upon  the  subject, 
wherein  I  had  made  you  some  information,  and  which  is  with 
Colo-  Steele,  who  resides  some  distance  from  me  at  my  present 
writing. —  if  upon  a  review  of  the  same  I  shall  believe  it  essen- 
tial to  take  additional  measures  to  obtain  a  knowledge  of  the 
Proper  Route  for  the  Mail  &c  which  may  incur  expense  I  shall 
use  your  Permission  to  draw  for  the  amount  thereof. 

Upon  Indian  Business  the  Secretary  of  War  has  wrote  me — 
but  by  no  means  satisfactorily — I  hope  however  he  may  respond 
speedily  to  my  Letter  of  reply,  and  I  trust  I  shall  be  better  en- 
dowed for  the  absolute  Exigencies  of  this  Country.  He  directs 
me  to  hire  an  Interpreter,  during  actual  Visits  of  Indians  only, — 
a  matter  altogether  impracticable,  but  if  otherwise,  would  Cer- 
tainly be  attended  with  a  much  greater  expense,  than  the  keeping 
one  Constantly  in  Pay. —  In  very  urgent  Occasions  trifling 
presents  he  observes  may  be  made,  but  furnishes  me  not  with 
the  Means,  nor  do  I  well  understand  the  limitation. — but  I  flatter 
myself  the  representation  of  General  Wilkinson  and  my  Stren- 
uous Endeavours  may  prevail,  and  procure  an  annual  Stipend 
for  the  Choctaws,  for  our  well  being  here  seems  to  me  (for  very 
many  reasons  heretofore  detailed)  to  depend  on  such  Meas- 
ures.—  Be  this  however  as  it  may,  with  the  greatest  Latitude 
that  may  be  given  me,  I  shall  certainly  observe  very  rigid  Econ- 
omy.—  Such  always  has  been  my  rule  of  Government,  and  I 
have  to  refer  only  to  Investigation  and  Comparison  for  Demon- 
stration. 

The  Public  Building  at  Natchez  was  put  into  my  Possession 
upon  the  first  of  July,  by  an  order  of  General  Wilkinson  pre- 


GOVERNOR   WINTHROP   SARGENT.  167 

vious  to  his  departure. — Some  few  necessary  repairs  to  prevent 
its  tumbling  down,  I  shall  believe  it  Economy  to  direct. 

By  Colo.  Steele's  Communications  you  will  observe  Sir,  that 
I  took  the  necessary  legal  steps  to  bring  Coxe  to  trial  within  this 
Territory  but  without  effect,  and  I  have  received  no  reply  from 
the  Executive  of  Tennessee  to  my  demand,  though  made  in  due 
form. 

I  have  received  from  the  Secretary  of  the  Treasury,  a  re- 
quest for  information  of  a  proper  place,  for  the  Port  of  Entry 
and  Delivery  within  this  District  and  a  suitable  person  as  a  Col- 
lector, to  which  I  delay  responding  for  a  short  time  only,  in 
order  to  be  myself  better  informed,  and  of  which  I  request  you 
Sir  to  be  so  obliging  as  to  advertize  him. — It  would  have  been 
well  that  I  had  been  noticed  of  the  Emoluments  of  the  office. 

The  Militia  of  this  Country  are  indeed  badly  armed,  but  I  am 
apprehensive,  that  the  Price  will  be  an  insuperable  objection  to 
their  giving  orders  for  a  supply  at  their  own  Expense : —  I  wish 
however,  to  be  informed  if  they  might  be  obtained  immediately 
from  Government  if  required;  whether  Prompt  Payment  would 
be  absolutely  necessary  or  if  a  Credit  might  be  obtained —  The 
Laws  of  Virginia  and  Connecticut,  have  been  received,  but  of 
so  ancient  a  date,  that  I  am  apprehensive  they  will  answer  us 
no  very  good  purpose. 

With  most  respectful  Consideration, 
I  have  the  honour  to  be  Sir, 

your  obedient  humble  servant 

(Signed)  Winthrop  Sargent 

The  Honourable,  Secretary  of  State. 


To  James  McHenry. 

Mississippi  Territory 
Sir  Natchez  Augt.  18th  1799 

The  enclosed  Letter  of  Mr  Howard  I  do  myself  the  honour 
of  transmitting  as  a  kind  of  supplement  to  my  information  upon 


168  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Indian  Affairs  of  the  3d-  Ult:  And  which  I  believe  it  my  duty 
to  make  unto  you. 

I  add  only,  that  Mr.  Howard  is  a  Magistrate  of  the  Missi- 
sippi  Territory,  of  Judgment  and  Veracity. 
With  great  respect  I  have  the 
honour  to  be,  Sir, 

your  obedient  humble  servant, 

(Signed)   Winthrop  Sargent. 
The  Honble  Secretary  of  War. 


To  Oliver  Wolcott  Jr. 

Mississippi  Territory 
Natchez  Sept.  17th  1799 
Sir 

In  Consequence  of  your  Directions  of  May  the  14th  I  have 
Consulted  the  most  intelligent  Gentlemen  of  this  Country,  as  to 
the  proper  place  for  a  Port  of  Entry  and  Delivery  within  the 
new  District,  and  in  the  result  take  leave  to  name  to  you  the 
Town  of  Natchez,  and  John  F.  Carmichael  as  the  Collector  ] — 
He  is  a  Citizen  of  Pensylvania,  Surgeon  in  the  Army,  proposes 
to  resign,  and  establish  himself  in  the  Territory,  and  is  well 
known  to  the  honourable  Mr.  Ross,  and  most  of  the  Pensyl- 
vania Members  of  Congress. —  from  an  acquaintance  of  many 
years,  I  feel  myself  authorized  to  add  (so  far  as  it  may  influence) 
my  Testimony  for  the  Sufficiency,  and  respectability  of  his  Char- 
acter. 

It  is  the  opinion  Sir  of  many  Gentlemen  within  the  Terri- 
tory, that  in  increasing  the  Ports  of  Delivery,  by  permitting  one 
at  Clarksville,  near  the  National  Boundary,  and  another  at  the 
Bayou  Pierre  would  much  accommodate  the  Inhabitants. 

An  inflammation  in  my  Eyes,  which  makes  it  extreme  pain- 
ful for  me  to  write  at  present,  will  apologize  I  trust  for  my  delay 

1  Dr.  Carmichael  was  appointed  first  Collector  of  the  Port  of  Natchez. 


GOVERNOR   WINTHROP   SARGENT.  169 

in  responding  to  your  favour,  and  not  being  more  particular  at 
this  time. 

With  high  respect  I  have  the  honour  to  be  sir 

your  obedient  humble  servant 

(signed)  Winthrop  Sargent 
The  Honourable  Secretary  of  the  Treasury 


To  Lewis  Evans,  Sheriff  of  Adams  County.1 

Bellemont  near  Natchez 
September  19th  1799 

Reconsidering  the  subject  of  another  application  for  the 
Courthouse,  I  believe  it  will  most  properly  come  from  you  to 
the  Military  and  with  assurances,  that  it  shall  be  to  their  use 
whenever  needed;  for  in  any  immediate  interference  of  mine, 
it  would  perhaps  by  my  Duty  to  make  such  observations  upon 
the  Treatment  you  have  stated  to  me  to  have  received  in  the 
former  application,  as  might  possibly  deprive  us  of  it  at  this 
moment,  when  it  seems  to  be  so  very  necessary, —  indeed  when 
we  cannot  do  without  it. —  and  when  General  Wilkinson  arrives, 
I  have  no  doubt  it  may  be  permanently  confirmed  for  Civil  pur- 
poses. 

In  the  Premises  and  all  other  transactions  with  the  Military 
I  have  desired,  and  repeat  it,  that  a  delicacy  of  Conduct  may  be 
observed  to  avoid  and  prevent,  all  Cause  of  Misunderstanding, 
and  promote  perfect  Harmony. 

The  Idea  that  the  Military  would  wish  to  triumph  over  the 
Civil  Authority  of  this  Country  (which  has  been  suggested  to 
me)  is  extreme  painful. —  I  persuade  myself  such  Conduct  can 
never  obtain  with  the  present  Commandant,  or  any  but  the  most 
ignorant  inconsiderate  man.    For  honour  which  strongly  marks 

'Lewis  Evans,  first  sheriff  of  Adams  County. 


170  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

the  Character  of  a  soldier,  would  Wane  at  Violating  the  Consti- 
tution of  our  Country. 

I  am,  Sir,  your  most  obedient,  humble  servant, 

(signed)   Winthrop  Sargent 
Mr-  Evans — 

Sheriff  of  the  County  of  Adams. 


Unfinished  Letter  to 


Bellemont  Plantation 
20th  of  September  1799 
Sir 

Having  received  from  the  Secretary  of  State  a  Letter  of 
the  10th  of  December  Ult :  Declaring  "the  Public  Buildings  (those 
of  the  Forts  excepted)  within  the  Mississippi  Territory,  ought 
to  be  in  the  hands  and  under  the  care  of  this  Government"  and 
instructing  me  to  take  charge  of  them  accordingly,  and  that  if 
necessity  or  Convenience  at  any  time  should  render  it  proper 
to  apply  them  to  the  use  of  the  Military  the  application  for  them, 
must  be  to  myself,  and  that  the  Secretary  of  War,  intirely  con- 
curred with  him  in  such  opinion, — I  communicated  the  same 
to  General  Wilkinson,  and  believing  him  to  have  surrendered 
to  me  amongst  other  Public  Buildings,  the  one  at  Natchez  known 
formerly  as  a  Hospital,  I  presumed  after  the  due  attention  to 
the  Officer  Occupying  part  thereof  to  appropriate  as  a  Court- 
house, and  instructed  the  Sheriff  accordingly,  not  intending  I 
assure  you  sir,  the  smallest  disrespect  to  yourself  or  any  Mil- 
itary Gentleman  thereby. 

Note —  The  foregoing  was  an  unfinished  letter  put  upon  the 
file  by  mistake,  and  never  received  any  Address —  by  the  Gov- 
ernor- J.  Steele 


GOVERNOR  WINTHROP   SARGENT.  171 

To  Timothy  Pickering. 

Private.  No.  24  Mississippi  Territory- 

September  20th  1799— 
My  Dear  Sir, 

In  a  late  private  Letter  not  made  a  matter  of  record  with 
me,  and  therefore  I  recollect  not  the  Date,  I  furnished  you  with 
a  List  of  Presentments  from  the  Grand  Juries  of  the  two  Coun- 
ties within  this  Territory  that  you  might  be  be  enough  informed 
of  the  discontents  amongst  some  of  our  people. —  Originating 
with  the  men  of  those  Juries  and  their  particular  Associates, 
has  been  a  Convention  of  the  Territory  by  Delegates  Elected  in 
some  instances  with  formality,  and  after  a  very  tedious  sitting, 
and  such  Violence  of  proceeding  as  together  with  the  Operation 
of  Cooler  Reflection  Caused  them  to  be  deserted  by  almost  every 
man  of  any  acknowledged  Respectability —  there  has  been  pre- 
sented unto  me  an  Address,  the  Essence  of  which  is,  to  reprobate 
Generally  my  appointments,  and  to  demand  that  I  should  suffer 
them,  to  Point  out  to  me  the  proper  Characters  for  Commis- 
sion, Civil  and  Military, — in  this  address  they  seem  to  believe,  my 
information  of  Characters  to  have  been  derived  from  Mr.  Elli- 
cotte,  and  are  incensed  in  the  extreme  against  the  man —  They 
proceed  to  charge  him,  with  encouraging  an  Idea  amongst  this 
people  that  they  could  never  be  within  the  Jurisdiction  of  the 
United  States,  and  inviting  them  to  assume  by  Violence  the 
Powers  and  force  of  the  Military  of  the  United  States  within 
the  District —  But  I  owe  it  to  Government  to  assure  you  Sir, 
that  I  am  in  Possession  of  a  most  respectful  Address  to  this 
Gentleman  highly  honourable  and  which  was  presented  to  him 
at  or  near  the  termination  of  Spanish  Authority  here,  by  the 
Constituted  Representatives  of  the  whole  people,  called  the  Per- 
manent Committee. 

With  the  Address  to  me  Sir  was  another  to  the  Governor 
and  Judges,  recommending  to  us  to  call  upon  the  people  to  point 
out  the  Laws  which  we  should  adopt,  Condemning  our  present 
Code  in  the  Aggregate  and  which  I  have  refered  to  their  hon- 


172  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ours,  Determined  however  sufficiently  upon  the  rule  for  my  own 
Conduct. 

To  the  persons  bearing  the  Address  to  me,  I  made  a  few  ob- 
servations Verbally,  expressive  of  my  anxious  desires  to  pro- 
mote the  happiness  of  the  Country,  that  in  Legislating,  the 
Judges  and  myself  were  bound  to  Consult  the  General  Inter- 
ests—  That  the  Laws  of  our  adoption,  were  for  our  own  Gov- 
ernment as  well  as  theirs. —  That  we  could  not  wilfully  Err, 
and  would  cheerfully  amend,  upon  Conviction  that  the  Present 
Code  was  not  adapted  to  the  situation  and  Circumstances  of 
the  People —  that  as  to  the  appointments  within  the  Territory, 
they  would  remain  with  myself,  for  so  my  sovereigns  had  or- 
dered—  and  that  I  should  Continue  to  Endeavour  unerringly  to 
perform  my  Duty,  satisfied  that  the  same  would  meet  the  appro- 
bation of  the  General  Government,  and  eventually  of  all  Good 
Men. —  and  further  that  I  had  no  reason  whatever  (their  re- 
marks notwithstanding)  to  be  dissatisfied  with  my  appoint- 
ments; that  Innuendoes,  and  insinuations  against  the  Gentle- 
men in  Commission  Generally,  or  even  an  Individual  of  them, 
could  not  operate  a  removal —  that  the  Proceeding  was  disin- 
genuous and  Wicked.  That  direct  charges  of  Malconduct,  sub- 
stantiated by  Facts  should  alone  influence  me. 

What  Effect  all  this  may  have  I  know  not —  I  learn  that 
upon  returning  to  the  Committee,  they  acknowledged,  to  have 
been  received,  and  treated  with  great  Politeness,  and  adjourned 
to  the  Close  of  the  present  month. — if  in  the  result  any  thing 
material  may  take  place,  I  shall  believe  it  encumbent  to  Com- 
municate. 

I  take  leave  sir  to  enclose,  and  request  your  Perusal  of  some 
remarks  which  may  be  useful  to  the  United  States —  I  received 
them  from,  374,  566,  1441,  699,  413,  862.  1370.  466.1 

Considering  your  many  important  avocations,  it  might  per- 
haps have  been  as  well  to  have  addressed  them  immediately  to 
the  Secretary  of  the  Treasury —  but  I  am  not  Enough  Acquainted 

1  Cipher  code. 


GOVERNOR   WINTHROP   SARGENT.  173 

with  that  Gentleman,  to  assure  myself  it  might  have  been  taken 
in  good  part,  and  I  have  the  most  insuperable  dread  of  intru- 
sions. 

With  this  Letter  Sir  our  Chief  Justice  leaves  us,1  and  I  be- 
lieve it  encumbent  upon  me  to  give  you  thus  early  information 
thereof,  as  it  may,  indeed  it  will,  be  attended  with  Consequences 
highly  injurious  to  the  Territory. —  from  a  Conversation  with 
him,  I  find  that  his  return  will  depend  upon  the  opportunity 
of  readily  disposing  of  his  property  in  Virginia —  The  better 
means  of  Educating  a  young  Family  within  the  Territory —  and 
an  Act  of  Congress  for  raising  the  Salary  of  the  Judges,  which 
perhaps  may  not  take  place,  and  of  course  we  are  to  expect  his 
resignation, —  I  suppose  he  will  advertize  you  of  his  intentions, 
upon  his  arrival  in  Virginia,  and  not  before, —  Bruin  will  be  the 
only  remaining  Judge, —  Our  Laws  provide  for  a  Court  of  Ap- 
peals, in  the  Commencement  of  the  coming  year,  when  the  pres- 
ence of  two  is  required. — I  ardently  pray  sir,  that  this  matter 
may  have  your  serious  Consideration,  and  that  our  Judges  "re- 
side" within  the  Territory,  for  so  is  Essential  to  the  Welfare  of 
the  Country,  and  the  Ordinance  for  its  Government. 

With  every  sentimnet  of  most  respectful  esteem,  I  am, 
My  Dear  Sir 

Your  obedient  humble  servant 
(signed)    Winthrop  Sargent 

The  Honourable,  Secretary  of  State. 


Appointment  of  First  Attorney  General  of  Mississippi  Territory. 

His  Excellency  the  Governor  was  pleased  to  appoint  Lyman 
Harding2  Esquire  attorney  for  the  United  States,  and  Terri- 

1  Judge  William  McGuire,  of  Virginia. 

2  A  native  of  Massachusetts,  died  at  Natchez  in  1820 ;  first  Attorney-Gen- 
eral of  the  Territory;  first  Attorney-General  of  the  State. 


174  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

tory,  to  whom  he  granted  a  Commission  in  the  words  following 
to  wit. 

By  His  Excellency 

Winthrop  Sargent  Esquire, 

Governour  and  Commander  in  Chief,  of  the 

Mississippi  Territory. 

(L.  S.)  To  all  who  shall  see  these  Presents — G  r  e  e  t  i  n  g. 

Know  Ye,  That  reposing  special  Trust  and  Confidence 
in  the  integrity  diligence  and  abilities  of  Lyman  Harding 
Esquire,  I  have  appointed  him  to  act  as  an  attorney  for  the 
United  States,  and  Territory,  and  do  authorize,  empower,  and 
require  him  to  Prosecute  within  the  Territory,  all  delinquents 
for  Crimes  and  offences  against  the  United  States,  or  the  Ter- 
ritory, and  all  Civil  actions  in  which  the  United  States,  or  Ter- 
ritory aforesaid,  shall  be  concerned.  To  have  and  to  hold  the 
said  Office,  with  all  the  Privileges,  and  Emoluments,  to  the  same 
of  right  appertaining. 

In  Testimony  whereof  I  have  caused  the  Public  Seal  to  be 
hereunto  affixed.  Witness  Winthrop  Sargent.  Governour  and 
Commander  in  Chief  of  the  Territory  aforesaid.  Dated  near 
Natchez  the  twentieth  day  of  September,  Anno  Domini  One 
Thousand  Seven  hundred  and  Ninety  nine,  and  of  the  Independ- 
ence of  the  United  States  the  Twenty  fourth. 

(signed)    Winthrop  Sargent*. 

By  His  Excellencys  Command, 
John  Steele  Secretary. 


Appointment  of  Clerk,  Territorial  Supreme  Court. 

His  Excellency  was  pleased  to  appoint  Robert  Starke  Es- 
quire Clerk  of  the  Supreme  Court  of  the  Territory,  and  Grant 
him  a  Commission  in  the  General  Words,  (Mutates  Mutandes) 
of  the  Commission  Granted  by  him  to  Bernard  Lintot  Esquire 
Treasurer  for  the  County  of  Adams,  (of  the  5th  of  April  1799) 
and  dated  the  twentieth  day  of  September  1799. 


GOVERNOR   WINTHROP   SARGENT.  175 

His  Excellency  the  Governor  was  also  pleased  to  appoint, 
William  Kenner  and  William  Miller  Esquires  Justices  of  the 
peace  for  the  County  of  Adams,  to  each  of  whom  he  Granted 
a  Commission  in  the  General  Words,  (Mutates  Mutandes)  of  the 
Commission  Granted  to  him  by  Philander  Smith  Esquire  and 
others  (of  the  sixth  of  April  1799)  and  dated  the  twentieth 
of  September  1799. 


His  Excellency  was  also  pleased  to  appoint  William  Kenner 
Esquire  Captain  of  Infantry  Hugh  Davis  Lieutenant,  John  Pan- 
nil  Lieutenant,  vice  Thomas  Lovelace  resigned,  Thomas  Dawson 
Ensign  vice  John  Pannil  promoted,  and  Jesse  Carter  Ensign  in 
the  Militia  of  the  County  of  Adams,  to  each  of  whom  he  Granted 
a  Commission  in  the  General  words  (Mutates  Mutandes)  of  the 
Commission  Granted  by  him  to  Lieutenant  Colonel  Daniel  Clark 
(of  the  25-th-  of  October  1799).  and  dated  the  twenty  eighth 
day  of  September  1799. 


To  Burd  Grubb. 


Mississippi  Territory 
gir  September  20-th  1799 

In  reply  to  your  Letter  of  the  30-th  Ult:  this  day  received, 
I  give  you  my  assurance  of  full  Consent  to  your  remaining  in 
the  Chickasaw  Nation  of  Indians,  so  long  as  the  same  may  be 
agreeable  to  them. —  persuaded  that  your  Conduct  will  Comport 
with  your  professions  of  Fidelity  to  the  United  States,  and 
that  you  may  be  promoting  the  happiness  of  a  people  not  as  yet 
enough  informed,  as  also  the  Public  Weal, 
with  wishes  for  your  happiness 

I  am,  Sir, 

your  most  obedient 

humble  servant 
(signed)  Winthrop  Sargent 
Doctor —  Grubb.  Chickasaw  Nation 


176  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Major  Lewis. 

Mississippi  Territory 
September  20-th  1799 
Sir 

This  day  Sir,  I  have  received  a  Letter  from  Mr-  Burd  Grubb, 
in  the  Chickasaw  Nation,  expressing  a  desire  to  remain  there 
from  Various  motives,  which  he  will  no  doubt  very  willingly 
detail  to  you. —  Upon  Enquiry  of  his  Character,  I  have  reason  to 
believe  him  much  attached  to  the  Government  of  the  United 
States,  and  that  his  residence  with  those  Indians,  may  at  least 
be  useful,  (from  his  professional  knowledge  as  a  Physician)  to 
Travellers  through  the  Country. —  I  wish  he  may  be  indulged, 
under  a  full  persuasion  that  his  Demeanor  will  always  be  proper, 
that  it  can  not  Militate  with  the  Interests  of  the  United  States, 
and  may  be  of  Public  Utility. 
With  much  esteem,  I  am, 

Sir, 
your  obedient 

humble  servant 
(Signed)  Winthrop  Sargent. 

Major Lewis. 

Agent  in  the  Chickasaw  Nation 
of  Indians 


General  Militia  Orders. 

Mississippi  Territory 
October  4-th  1799 
The  Governours  Observations,  and  information  of  respecta- 
ble Characters,  Evincing  that  the  Law  for  regulating  Slaves 
within  the  Territory,  is  most  Shamefully  violated,  particularly 
upon  Sundays,  and  the  nights  of  that,  and  the  preceding  day, 
and  in  a  very  notorious  manner,  at,  or  in  the  Vicinity  of  the 
Town  of  Natchez,  where  Slaves  are  said  to  assemble  in  Consid- 
erable numbers  from  distant  Plantations,  Committing  great  ex- 


GOVERNOR  WINTHROP   SARGENT.  177 

cesses,  and  Carrying  on  an  illicit  Traffic  with  the  aid  and  Con- 
nivance of  the  ill  disposed.  — To  prevent  which,  and  preserve 
due  order,  the  Commandants  of  Counties  will  be  pleased  to  direct 
the  Necessary  Patrols,  who  are  to  be  particular  in  examination 
of  Passports  and  Permits  to  the  Slaves  for  the  Sale  or  Purchase 
of  any  Articles,  or  Commodities  whotsoever,  and  to  Pursue  all 
due  Measures  for  the  Carrying  into  full  force  and  Effect,  the  said 
Law,  which  is  hereunto  annexed,  for  the  information  of  the 
Patrols  Generally. 

(Signed)  Winthrop  Sargent. 


To  Timothy  Pickering. 

No-  25  Private.  Mississippi  Territory 

October  12-th  1799 
My  Dear  Sir, 

I  take  leave  to  introduce  to  you  Mr-  Daniel  Clark  junr- 
from  motives  of  great  personal  regard  and  a  due  sense  of 
those  services,  which  he  has  so  often  rendered  unto  our  Country 
men  at  Orleans. 

Mr-  Clarks  intelligence  and  information  will  so  eminently 
Capacitate  him  to  explain  to  you,  some  late  regulations  for  that 
Port,  and  which  are  unfriendly  to  our  Commerce,  that  I  notice 
them  not  in  this  Letter:  I  had  believed  from  reports,  that  this 
Gentlemen  might  have  been  our  Consul,  in  Place  of  Mr-  Jones. — 
Whose  acknowledgement  by  the  Spanish  Government  is  a  little 
Problematical  in  Consequence  of  Offices  he  sustains,  said  to 
be  incompatible  therewith. —  Should  this  actually  be  the  case 
sir,  Mr-  Clark's  respectability,  influence  and  zeal  may  Probably 
render  him  a  very  suitable  Character  for  the  Office,  if  the  same 
may  be  agreeable  to  him,  but  I  am  uninformed  if  he  intends  Con- 
tinuing at  Orleans,  or  to  return  to  his  Plantations  within  this 
Territory —  however  situated  though,  I  persuade  myself  I  make 


178  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

no  hazard  sir,  in  assuring  you  of  his  ready  disposition  at  all 
times  to  the  Public  service. 

With  the  most  respectful  Consideration, 
I  am,  My  Dear  Sir, 

your  obedient  humble  servant, 

(signed)   Winthrop  Sargent. 
The  Honourable  Secretary  of  State. 


To  Timothy  Pickering 

Private  No-  26  Mississippi  Territory 

Sir  October  13-th  1799 

In  several  former  Letters  I  have  requested,  that  the  Powers 
and  Duties  of  Civil  and  Military  Officers  within  this  Territory 
in  Peace  or  War  should  be  defined  even  to  common  Capacity,  to 
prevent  those  mistakes  which  in  a  Country  so  remote  from  the 
seat  of  Government,  and  so  embarrassed  in  its  Communications, 
with  the  Heads  of  Departments,  might  involve  very  serious  Con- 
sequences—  For  my  own  part  I  repeat  my  assurances  to  avert 
them  as  much  as  in  my  Powers,  by  the  most  Conciliatory  manner 
and  measures  upon  all  Occasions,  even  to  full  submission  to  all 
but  very  flagrant  Violation  of  our  Constitution  and  Laws  until 
I  am  specially  instructed. 

Under  the  Command  of  General  Wilkinson  in  our  Country 
I  introduced  this  subject,  though  as  a  Gentleman  high  in  rank, 
with  great  Private  as  well  as  Public  Character  at  stake,  we  had 
but  little  to  apprehend,  and  Notwithstanding  our  Variance  in 
Sentiment  upon  the  Deposits  of  the  United  States  heretofore  ad- 
vertized to  you,  matters  went  on  very  smoothly. —  I  received 
from  him  every  Public  accommodation  which  I  required  and 
with  that  amiable  Urbanity  so  proper  in  Official  men. —  But  ap- 
prehending a  different  line  of  Conduct  in  those  who  might  suc- 
ceed him, — that  an  inconsiderate,  or  intemperate  man  in  Mili- 


GOVERNOR   WINTHROP   SARGENT.  179 

tary  Command  might  by  omission  of  Duties,  sometimes  indis- 
pensable, or  the  Commission  of  rash  proceeding,  cause  us  to 
realize  the  dreaded  evils, —  I  Communicated  my  sentiments  very 
fully,  and  received  the  Generals  assurances,  of  the  most  direct 
Provision  to  guard  against  them. — that  the  Gentleman  who  in 
order  must  be  left  in  Command,  should  be  instructed  to  Counsel 
with  the  Governour —  this  was  not  the  Generals  Expression  for 
'twas  fuller  and  seemed  to  proceed  from  a  perfect  Unity  of  sen- 
timent and  apprehension —  But  Major  Cushing,  an  officer  high 
in  the  Generals  Confidence,  I  believe  arriving  about  the  time  of 
his  departure,  revoked  such  intention,  though  he  assured  me  from 
Orleans  by  Letter,  that  the  Major  who  was  in  Command  upon 
the  Mississippi  during  his  absence  had  his  Orders  to  Consult  me 
in  every  Exigency,  and  to  render  me  every  service  Compatible 
with  his  Military  Duty — which  would  under  the  present  admin- 
istration of  the  Government  been  enough,  had  the  Generals  ar- 
rangements been  abided  by  and  the  disposition  to  reciprocity 
of  Civilities  and  accommodation  with  the  subordinate  Military 
Officers  been  but  equal  to  my  own. — 

The  General  had  ordered  from  Walnut  Hills  to  Command  at 
Natchez,  an  officer  Competent  to  Printing  the  Laws  of  the  Ter- 
ritory; a  Business  of  high  Public  moment  and  which  we  had 
no  other  means  of  accomplishing. —  This  Gentleman  after  being 
a  good  deal  mortified  by  his  Military  Friends  for  Printing  was 
finally  ordered  away  by  Major  Cushing,  who  would  no  otherwise 
consent  to  his  pursuing  this  Work  here,  than  by  giving  him  a 
Furlough,  notwithstanding  my  serious  remonstrances  and  shew- 
ing him  that  the  Interests  of  this  Territory  and  United  States, 
required  my  disseminating  information  and  intelligence  which 
could  be  Effected  only  through  the  Medium  of  the  Press. —  Ob- 
serving that  an  officer  might  as  well  turn  Taylor,  or  keep  a 
Tavern  at  his  Command,  as  to  Print,  if  such  had  been  once  his 
Profession. 

I  have  been  deprived  of  drawing  Provision  from  the  Fort 
here  for  the  Indians —  The  Contractors  agent,  has  also  declined 


180  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

supplying  them,  which  places  me  in  a  very  disagreeable  situa- 
tion, for  I  can  not  afford  to  Victual  them  at  my  own  Expense, 
and  indeed  have  not  always  the  Means  though  I  might  be  as- 
sured of  reembursement—  The  Consequences  must  be  that  I 
shall  make  a  Contract  for  this  purpose,  and  at  greater  Expense 
probably  than  the  present  one,  which  under  the  Command  of 
General  Wilkinson  I  always  used  for  the  Indian  Department. 

One  of  the  Public  Buildings  within  a  short  distance  of  the  Fort 
at  Natchez,  and  used  as  a  kind  of  General  Hospital,  which  was 
not  surrendered  as  an  appendage  of  the  Fort, — which  has  laid 
waste  almost  all  the  time  since  my  arrival,  and  which  I  had 
believed  actually  to  have  been  given  up  to  me  by  General  Wil- 
kinson, is  now  forcibly  withheld. —  I  had  ordered  it  appraised 
that  it  might  have  been  paid  for  to  the  United  States  by  the 
proper  County,  if  it  had  been  their  pleasure,  and  for  the  use  of 
the  Court —  The  sheriff  was  ordered  to  prepare  it,  but  was  in- 
delicately I  conceive  informed  that  he  would  be  prevented  by  a 
Guard. —  though  the  Major  afterwards  loaned  it  to  him  for  a 
sitting  of  the  Supreme  Court,  observing  that  he  should  have  re- 
fused it  upon  the  Governours  Demand,  his  instructions  from 
the  Secretary  of  State  notwithstanding,  for  he  received  no  orders 
but  through  the  Secretary  of  War. —  That  the  Governour  had  al- 
ready possessed  one  Building,  to  which  he  had  no  right,  and  in 
a  very  extraordinary  manner,  by  taking  the  opportunity  between 
General  Wilkinsons  departure,  and  his  assuming  the  Command, 
but  that  he  had  stated  the  same  to  the  Secretary  at  War,  and  the 
annual  Value  of  the  house  at  two  hundred  Dollars. 

The  Consequences  of  such  Observations  are  so  obvious,  that 
I  forbear  to  mention  them,  or  to  say  more  upon  the  Major's 
statement  to  the  Secretary  of  War,  further  then  that  the  whole 
Building  is  estimated  to  be  only  of  the  Value  of  Dollars, 

that  a  part  of  it  is  occupied  by  the  Secretary  as  an  office, —  that 
I  make  no  other  use  of  the  small  residue  but  as  an  office  for 
myself,  and  Occasionally  to  meet  the  Legislature  and  Indians — 
'tis  no  accommodation  to  my  Family. 


GOVERNOR  WINTHROP   SARGENT.  181 

If  sir  the  Military  Officers  who  may  have  temperance  and 
Discretion  (and  none  others  should  have  Command)  might  be 
instructed  from  the  Secretary  of  War,  to  be  Governed  by  the 
Spirit  of  that  Constitution  which  vests  Supremacy  in  the  Civil 
Authority  of  the  United  States  and  their  Territories.  — to  re- 
ciprocate Delicacy  and  Civilities  to  Characters  in  Commission 
and  when  they  feel  themselves  Constrained  to  withhold  services 
or  accommodation  to  do  it  with  Decorum,  that  good  underatand- 
ing  and  Harmony  Essential  perhaps  between  Civil  and  Military 
every  where,  but  more  especially  in  this  remote  part  of  the  Union, 
would  be  preserved  inviolate. —  There  is  an  Idea  prevailing  I 
believe  in  most  free  Governments,  that  the  'Gentlemen  of  the 
sword  would  assume  to  rule —  My  own  Experience  and  observa- 
tion, Convince  me  that  they  may  sometimes  exceed  the  proper 
limits,  but  I  believe  myself  to  be  as  free  of  Jealousies  as  any 
Patriotic  American  ought  to  be,  and  whatever  Idea  may  prevail 
to  the  Contrary,  I  trust  you  will  believe  sir,  that  I  feel  no  Dis- 
position whatever  to  Trespass  upon  Military  Authority,  but  the 
most  sovereign  respect  for  all  the  Constituted  Powers  under 
our  Government. 

I  have  the  honour  to  be, 

Sir, 
your  obedient  humble  servant, 

(signed)  Winthrop  Sargent 

The  Honourable  Secretary  of  State. 


To  John  Giravlt.1 

October  23-d  1799 
Sir. 

I  received  yours  of  the  22d  of  August  yesterday,  and  shall 
attend  to  all  the  matters  thereof  without  delay.  — Would  it 
not  be  enough  if  one  Company  of  Infantry  was  added,  the  Cap- 
tain and  Ensign  from,  or  near  Bayou  Pierre,  and  the  Lieuten- 

1  Had  been  recorder  under  the  Spanish  Government. 


182  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ants  from  Palmers  Fork,  or  the  Captain  from  the  latter  place, 
if  more  agreeable. —  No  matter  which,  and  to  Muster  in  Detach- 
ment, except  upon  Field  days,  and  for  actual  service,  when  they 
might  assemble  in  Company. 

You  must  recommend  to  me  proper  Characters  as  officers 
from  such  knowledge  as  you  possess  of  the  Inhabitants,  and  I 
can  myself  also  make  Inquiries  for  information. —  You  know  it 
would  be  very  pleasing  to  me  to  find  all  the  Necessary  Qualifi- 
cations of  an  officer  in  men  that  would  be  generally  agreea- 
ble to  the  people,  and  you  know  also  that  I  shall  make  no  im- 
proper appointments  from  any  Consideration  whatever. 

I  put  the  motion  relative  to  a  site  for  your  County  Goal  &c 
into  Colo.  Steele's  hand,  asking  him  to  view  the  Country  &c  as 
soon  as  Convenient.  I  have  just  Confidence  in  him,  and  should 
most  probably  approve  his  proceeding. —  Supposing  you  should 
press  a  little  of  his  attention. —  He  is  very  obliging,  and  though 
such  Business  can  be  no  part  of  his  Duty,  he  will  not  refuse. 

Much  Esteem  and  Good  wishes  for  yourself 
.    and  Family,  from 

your  humble  servant 

(signed)  Winthrop  Sargent 

Colo.  John  Girault 

Pickering  County. 


To  Timothy  Pickering. 

No.   27.  Mississippi  Territory 

November  1st —  1799. 
Sir, 

I  have  received  your  Letters  of  the  3d  of  June  and  also 
twenty  Volumes  of  the  Laws  of  the  Laws  of  the  United  States 
to  Complete  the  sets  intended  for  this  Government,  but  as  I  have 
no  Notice  of  the  same  I  suspect  a  Previous  or  Accompanying 
Letter  may  have  been  mislaid. — they  came  to  hand  by  a  Mr. 
Berthout  a  swiss  Gentleman,  who  favoured  me  also  with  a  Tripli- 


GOVERNOR  WINTHROP   SARGENT.  183 

cate  of  yours  of  the  20th-  of  May  and  the  Particular  discription 
of  J.  D.  Burke —  whom  I  had  previously  advertized  to  the  Mar- 
quis de  Cassa  Calvo  Military  Governour  of  Louisiana,  through 
Mr  Jones  and  received  in  the  same  Channel  his  Excellency's 
assurance  to  reciprocate  upon  any  like  Occasion. —  It  seems 
proper  I  should  tell  you  sir,  that  Mr.  Jones  has  not  been  ac- 
knowledged as  Consul  at  New  Orleans,  and  that  the  Vice  Consul 
is  suspended,  because  (as  the  former  writes  me)  it  has  not  been 
usual  for  the  Spaniards  to  allow  of  Consuls  from  Nations  in 
Amity  with  them,  in  their  American  Ports,  and  the  Government 
of  the  United  States  has  not  fixed  the  Matter  of  establishing  one 
at  New  Orleans. 

In  your  favor  of  the  3d  of  June,  you  tell  me  you  will  pay 
to  Mr.  Hunt  to  be  replaced  here  as  a  Contingent  Fund  the  sum  of 
one  Thousand  dollars,  for  which  and  your  observations  there- 
upon I  request  you  to  accept  my  thanks,  with  assurances  that  no 
Public  Monies  in  my  hands  shall  ever  be  misapplied. —  I  deem 
myself  so  fortunate  in  my  Connexions  below,  and  rely  so  much 
upon  Colo.  McKee,  in  the  Indian  Country,  that  I  flatter  myself 
I  shall  not  have  immediate  Occasion  for  Secret  Service  mony, 
though  I  am  not  without  my  fears  that  our  Neighbours  are 
tampering  with  the  Choctaws —  'tis  reported  they  have  pretty 
generally  been  solicited  to  visit  at  Orleans. —  I  vouch  not  for 
the  truth  thereof,  but  a  Statement  without  doubt  will  soon  be 
received  from  our  agent. —  and  I  cannot  pass  this  Occasion  of 
again  expressing  my  solicitude,  that  Government  should  make 
some  provision  for  that  nation,  or  prepare  sufficiently  to  avert  the 
Consequences  of  omission —  They  are  soured  by  deception  and 
disappointment. 

A  part  of  the  monies  you  have  ordered  me  will  be  applied 
to  defray  the  Expense  of  Printing  200  Copies  of  the  Laws  of  the 
Territory —  an  Indian  Interpreter  at  fifteen  Dollars  per  month, 
from  the  October  of  1798 —  and  a  Building  hired  at  Natchez  as 
an  office,  Indian  Council  House,  and  for  the  Judges  and  myself 
in  our  Legislative  Functions. —  the  latter  expense  ceases  from 


184  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

July —  the  first  when  as  I  have  already  advertized  you  a  Public 
Building  at  Natchez,  was  given  up  to  me  by  General  Wilkinson ; 
it  is  occupied  as  offices  by  Colo.  Steele  and  myself,  and  will 
occasionally  be  used  as  before  specified,  but  is  so  much  out  of 
repair,  that  some  Expense  is  Absolutely  necessary  to  prevent  its 
tumbling  down. 

The  Buildings  at  the  Villa  Gayoso,  shall  be  particularly  sur- 
veyed and  valued  and  report  made  unto  you  thereof  without 
Unnecessary  delay. — I  now  only  briefly  tell  you,  they  Consist 
of  a  Church,  Commandants  and  Priests  house,  small  Barries 
and  Kitchen,  all  framed  Buildings  ill  finished. —  the  Church  has 
been  used  as  a  Courthouse,  and  I  have  permitted  the  Command- 
ant of  the  Militia  to  occupy  one  of  the  dwelling  houses  for  the 
Preservation  of  the  others, —  But  the  situation  is  deemed  un- 
healthy and  the  County  will  press  erecting  the  necessary  accom- 
modations, in  another  Position,  in  which  the  (they)  will  be  in- 
dulged, as  they  must  build  a  Goal,  and  of  Course  the  Villa  Gayoso 
must  be  evacuated —  A  Mr-  Green  (very  wickedly  I  think)  has 
set  up  a  claim,  relative  to  which  we  shall  immediately  request 
the  Counsel  of  the  attorney  General. —  As  in  Duty  bound  sir, 
I  shall  Continue  to  defend  the  rights  of  the  United  States.  — 

Although  we  had  at  first  prepared  to  use  the  word  District 
in  lieu  of  County,  which  will  account  for  my  style  of  writing  in 
the  Letter  you  allude  to,  yet  we  have  since  adapted  the  same, 
to  your  inscription  upon  the  seals. 

In  my  Private  Letter  No. .  24.  of  September  20th —  In  (I) 
Continued  my  Communications  upon  the  Extraordinary  Conduct 
of  some  of  this  people. —  since  that  time,  they  have  so  matured  the 
matter  as  to  send  forward  an  agent1  with  representations  to 
Congress,  which  it  is  unnecessary  for  me  to  observe  upon. — 
Copies  were  furnished  me  but  not  until  after  his  Departure, 
and  to  strongly  mark  their  Contempt  to  authority,  they  are  trans- 
mitted through  the  Indian  Country  without  the  Passports  re- 
quired by  Law,  although  the  bearer  thereof  was  advised  of  the 

lNars worthy  Hunter, 


GOVERNOR  WINTHROP   SARGENT.  185 

Consequences, —  As  you  Probably  sir,  are  not  acquainted  with 
his  Character,  I  take  leave  to  remark  that  he  seems  to  me, 
a  very  inconsistent,  and  intemperate  young  man, —  but  not  the 
representative  of  this  people,  for  though  passion,  and  the  acts 
of  a  few  wicked  and  designing  men  for  a  time  seemed  to  prevail, 
yet  reason  is  gaining  Ground. —  Examining  the  addresses  to 
myself,  and  to  myself  and  the  Judges,  and  those  Memorials  borne 
by  the  agent,  to  Congress,1  you  will  observe  a  retrocession  of  sub- 
scribers and  indications  of  the  prevailing  temper  of  the  times. — 
I  know  not  if  any  attention  will  be  bestowed  upon  the  addresses 
of  this  Committee  farther  than  that  they  have  long  since  been  Ex- 
poused  by  your  Executive. —  The  names  of  the  signers  will  first 
certainly  be  enquired  into,  and  their  Consequences  weighed  in 
the  scale  of  that  general  respectability  of  the  Country,  derived 
from  the  due  Consideration  and,  in  a  Consciousness  that  my 
Public  Conduct  and  its  motives  can  endure  the  test  of  investi- 
gation, I  continue  to  Glory. —  Government  may  at  its  pleasure, 
make  experiments  in  the  Mississippi  Territory,  but  if  I  have 
a  knowledge  of  the  people,  they  are  yet  unfitted  in  every  view 
of  the  matter  for  that  second  stage  of  Order,  which  a  very  few 
of  its  inhabitants,  have  at  this  time  solicited, —  We  are  for- 
tunately endowed  with  some  Characters,  that  would  do  honour 
to  any  Country. —  Dispassionate  men  of  Cultivated  minds,  and 
more  firmly  attached  to  good  order  by  Families  and  Wealth, 
but  they  are  not  numerous  and  of  our  general  state  of  Popula- 
tion you  are  already  advertized,  which  to  the  Secretary  of  State, 
and  for  the  information  of  Government  renders  it  unnecessary 
for  me  to  say  more,  nor  could  I  answer  it  to  my  God  or  that  Gov- 
ernment to  have  been  less  expressive. 

Upon  the  20th.  of  August  Judge  Tilton  wrote  me  from  New 
York,  expressive  of  an  intention  to  solicit  Congress  for  an  in- 
crease of  pay  to  the  Officers  of  this  Government. —  As  it  relates 
to  myself  sir,  I  will  only  observe  that  my  expences  have  arose 
to  very  Considerably  upwards  of  three  thousand  Dollars  an- 

JThe  petition  complained  of  the  Sargent  administration,  and  asked  for 
a  Legislature  elected  by  the  people. 


186  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

nually  without  including  Beef  and  Bread,  which  has  been  fur- 
nished me  from  my  Plantation ;  and  but  for  that  passion  for  fame 
which  I  believe  will  cease  only  with  my  being,  I  should  decline  the 
honourable  service  to  which  I  have  been  appointed.1 — 

Neither  the  Secretary's  office  or  that  of  the  Judges,  can  prob- 
ably implicate  them,  in  the  common  Expenses  of  the  Governour, 
but  I  am  sufficiently  authorized  to  say  that  places  of  Oversers 
upon  many  Plantations  within  the  Territory  would  better  Capaci- 
tate them  to  support  themselves  and  Families,  than  their  present 
Pay  and  Emoluments. —  The  Secretary  may,  probably  will  have 
to  discharge  the  Duties  of  that  office,  which  subjecting  a  man 
to  much  Company  in  all  Countries,  is  found  to  be  particularly 
Burdensome  and  Expensive  in  this,  nor  can  we  resist  the  force 
of  habit,  and  the  most  rigid  Economy  will  not  enough  avail  us.2 

The  Judges  it  is  admitted,  should  be  independant  in  their 
Circumstances. —  and  it  will  not  be  asserted  their  present  pay 
can  make  them  so.3 —  Men  of  fortune  will  not  probably  soon  take 
their  residence  in  this  Country  possessed  of  the  necessary  Law 
reading  for  the  Bench.  — and  the  Independence  of  Judges  there- 
fore is  not  to  be  otherwise  established,  than  by  adequate  salaries 
from  Government —  these  few  remarks  sir,  I  have  presumed  to 
offer  and  merely  to  you,  believing  much  in  the  good  Effect  of  such 
representations  as  you  shall  be  induced  to  make,  and  because 
I  think  I  owe  it  to  the  Country,  and  that  you  will  Pardon  the 
freedom. 

I  have  heretofore  sir  taken  leave  to  trouble  you  upon  the  sub- 
ject of  stamped  papers  for  this  Territory;  perhaps  my  appli- 
cation should  have  been  to  the  Secretary  of  the  Treasury,  but  in 
the  delay  we  may  possibly  experience  very  ruinous  Consequences. 
I  again  pray  that  we  may  be  furnished,  and  that  your  means 

1  The  salary  of  the  Governor  was  two  thousand  dollars. 

2  The  Secretary  received  a  salary  of  seven  hundred  and  fifty  dollars. 

3  The  judge's  salary  was   seven  hundred  dollars. 


GOVERNOR   WINTHROP   SARGENT.  187 

be  kindly  made  use  of  to  avert  for  the  Territory,  any  Evils  to 
which  we  may  be  exposed  from  delinquency. 
With  highest  respect  I  am 

&C&C 

(signed)  Winthrop  Sargent 
The  Honble. .  Secretary  of  State. 


To  Evan  Jones 


The  Grove  near  Natchez 
Mississippi  Territory 
November  7th..  1799 
Sir, 

I  have  received  the  extraordinary  information  from  our  agent 
in  the  Choctaw  Nation  of  Indians  that  a  Conference  is  proposed 
to  be  held  with  them  under  the  order  of  the  Marquis  de  Cassa 
Calvo;1  that  they  are  invited  for  that  purpose  to  the  Lakes  in 
a  letter  from  Simeon  Favre  Chief  Indian  Interpreter;  a  Copy 
of  the  Letter  has  not  been  obtained,  but  is  said  to  be  expressed 
in  terms  of  high  aggravation ;  to  purport  that  his  Chatholic  Maj- 
esty will  take  the  Choctaw  Indians  (especially  those  who  have 
received  Spanish  Commissions  and  Medals,  and  who  have  never 
exchanged  them,  for  those  of  the  United  States)  again  under 
his  care,  and  Clothe  them  as  usual,  and  indecorously  arraigning 
Our  Country  of  negligence. —  but  as  it  is  possible  my  information 
may  not  be  perfectly  correct  I  remonstrate  not  directly  to  the 
Marquis,  and  though  it  may  be  no  part  of  Consular  duty  to  attend 
to  such  subjects,  shall  nevertheless  avail  myself  of  your  obliging 
offer  of  services  for  a  true  statement 

The  fifth  Article  of  the  Treaty  of  Amity  &c  between  the 
United  States  and  Spain,  seems  to  apply  to  this  subject. —  it 
will  receive  even  sacred  attention  by  our  Government,  and  must 
be  equally  respected  by  our  Friends.  A  reference  to  the  Corre- 
spondence which  I  had  the  honour  to  make  with  his  Excellency's 

1  Spanish  Governor  of  Louisiana. 


188  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

worthy  Predecessor,  and  which  I  suppose  may  easily  be  had,  will 
shew  Strong  Traits  of  the  amicable  Disposition  of  the  United 
States,  and  the  delicacy  invariably  observed  in  all  Transactions 
any  wise  relative  to  the  Indians  within  the  Limits  of  Spain. —  a 
reciprocity  we  shall  expect  and  demand,  and  I  know  my  Country 
to  well  to  believe  they  will  submit  to  indignity, —  To  avert  the 
evils  of  a  misunderstanding  between  two  Powers  whose  Inter- 
ests pressingly  demand  Amity,  I  believe  to  be  no  unimportant 
part  of  my  Duty,  and  that  the  same  may  probably  be  better 
effected  through  you  sir,  than  by  an  address  made  immediately 
to  the  Marquis  in  the  full  faith  of  the  information  before  men- 
tioned, and  which  as  it  is —  necessarily  constrain  strong  remon- 
strance and  protest,  would  not  be  a  very  desirable  introduc- 
tory letter. 

If  it  shall  be  found,  that  the  Marquis  has  invited  the  Indians 
North  of  our  National  Boundary  to  a  Conference,  I  have  to 
request  sir,  you  would  be  pleased  to  express  to  him  from  me, 
that  I  deem  the  same  incompatible  with  the  spirit  of  the  Treaty, 
between  our  Countries. —  and  if  that  language  towards  the 
United  States  has  been  used,  which  you  will  observe,  I  have  no 
inconsiderable  cause  to  believe,  it  may  not  be  improper  to  express 
to  his  Excellency  my  strong  apprehensions,  that  it  will  be  a 
source  of  very  great  uneasiness,  and  be  good  Enough  to  Com- 
municate to  me  in  the  result,  for  the  information  of  the  General 
Government.1 

With  respectful  Consideration,  Sir, 
I  am, 

your  obedient, 

humble  servant, 
(signed)  Winthrop  Sargent. 

Evan  Jones,  Esquire 
&c  &c 

New  -  Orleans. 

1  The  Spanish  authorities,  it  is  charged,  frequently  attempted  to  incite 
the  Indians  against  the  United  States,  in  the  early  history  of  the  Mississippi 
Territory, 


GOVERNOR  WINTHROP   SARGENT.  189 

To  Timothy  Pickering. 

Private  No . .  28.  Mississippi  Territory 

November  the  8th. .  1799 
Dear  Sir, 

I  expressed  to  you  upon  the  first  instant,  apprehensions  of 
the  misconduct  of  our  Neighbours,  —  the  enclosed  Letter  Nos . . 
1  and  2.  from  the  Chactaw  Nation  received  last  Evening. —  No . . 
3  to  Mr.  Evan  Jones  our  Consul  at  Orleans,  and  No.  4  to  Daniel 
Clark  junior  now  at  that  place  are  in  Point,  and  all  I  can  add  at 
present,  as  the  Express  who  will  bear  this  is  in  waiting,  I  trust 
my  Conduct  may  meet  the  approbation  of  Government,  and  that 
the  Problematical  Conduct  of  Spain  may  induce  seasonable  ar- 
rangement.—  We  have  resources  in  the  upper  Country,  but  pre- 
vious notice  might  be  essential. —  I  could  wish  you  would  re- 
peruse  my  Communications  immediately  after  my  arrival  in  the 
Territory;  they  were  made  under  apprehensions  of  Invasion, 
and  might  apply. 

With  most  respectful  esteem,  I  am 

Dear  Sir, 
Your  obedient  humble  servant 
(signed)  Winthrop  Sargent 

The  Honourable  Secretary  of  State. 


To  Mr.  Daniel  Clark,  Jr. 

Private  Mississippi  Territory 

November  the  8th —  1799 
Dear  Sir, 

Assured  my  Confidence  is  not  misplaced  and  that  you  have 

the  Interests  of  the  United  States  in  View  and  at  heart  at  all 

times,  I  enclose  you  an  Open  Letter  to  Mr.  Jones  to  be  read  sealed 

and  delivered,  and  to  receive  the  advantage  of  your  zeal  as  far  as 

is  essential —  to  a  man  of  your  intilligence  I  need  add  no  more — 

of  the  propriety  of  Communicating  at  all  with  Mr.  Jones  you 


190  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

will  Judge —  For  all  the  accompanying  letters,  I  request  Cer- 
tainly Facility  and  dispatch. —  They  probably  will  go  forward 
by  yourself. —  if  not  I  believe  Mr.  Berthout  who  is  or  will 
speedily  be  in  Orleans  may  be  a  safe  Conveyance —  case  of  danger 
from  an  Enemy,  'twill  be  necessary  to  destroy  them —  All  you  can 
learn  relative  to  this  extraordinary  invitation  for  the  Choctaws, 
I  request  you  to  detail  to  the  Secretary  of  State  and  me. 
With  much  esteem  I  am, 
Dear  Sir 

your  obedient 

humble  servant 
(signed)  Winthrop  Sargent 
Mr.  Daniel  Clark  Junior 

New  Orleans 


General  Militia  Orders. 

Mississippi  Territory,  November  9th —  1799. 

The  Governours  important  Duties  of  Attention  to  the  Welfare 
and  safety  of  these  People,  forbid  him  longer  to  delay  the  full 
and  Complete  Organization  and  Efficiency  of  the  Militia,  agree- 
ably to  Law  and  standing  Orders —  They  are  therefore  to  be  in 
immediate  preparation  for  real  and  active  service —  To  those 
who  are  not  already  provided  with  Knap  and  Haversacks  or  the 
necessary  Means  of  carrying  such  Baggage  and  Provisions  as 
might  be  proper,  should  they  leave  their  homes,  it  is  strongly  rec- 
ommended to  furnish  themselves —  the  Expense  can  be  but 
trifling,  and  it  is  to  be  Calculated  upon  as  amongst  the  Possibili- 
ties, that  they  may  be  wanted. 

Commanding  Officers  of  Legions  will  be  pleased  to  make  Cor- 
rect returns  of  their  Corps  and  arms  as  immediately  as  possible 
And  it  is  presumed  there  will  be  no  Deficiency  of  the  Ammunition 
and  Accoutrements  required  by  Law. —  The  Governour  per- 
suades himself  of  prompt  Compliance  with  this  Order —  That 


GOVERNOR  WINTHROP   SARGENT.  191 

there  are  no  Characters  within  the  Territory,  so  lost  to  all  regard 
for  our  general  respectability  and  Welfare,  as  to  prevent  or 
impede  its  operation:  A  Continuation  of  that  Conduct,  observed 
with  extreme  sorrow  in  some  Characters  (from  whom  there 
were  better  Expectations)  and  Evidently  intended  to  frustrate 
orderly  and  Constitutional  Government  may  be  productive  of 
most  fatal  Consequences;  and  for  which,  such  Characters  would 
be  accountable  to  their  Country  and  their  God. 

Ever  desirous  of  accommodating  and  Consulting  the  Con- 
venience of  those  enrolled  in  the  Militia  to  the  extent  of  legal 
Limits,  the  Governour  takes  this  Occasion  to  observe  to  the  Com- 
mandants of  Legions,  that  in  the  few  instances  where  men  of  a 
Company  are  very  much  dispersed  and  distant  they  might  be 
permitted  to  assemble  and  Exercise  upon  the  monthly  Muster 
Days  by  Detachment,  in  Divisions  of  Companies,  and  under  the 
order  of  either  of  the  Commissioned  Officers. —  Such  Indulgence 
would  probably  obtain  unremitted  Exertion  and  Attention  on 
the  part  of  the  men,  and  equally  fit  them  for  field  Days  or  actual 
service. 

To  View  the  Militia  assembled  under  arms  is  very  much  de- 
sired, and  it  is  with  grest  anxiety  the  Governour  waits  for  the 
County  Commandants  to  name  the  Day. 

(signed)  Winthrop  Sargent 


To  John  McKee. 


No. .  2.  The  Grove  near  Natchez 

November  9th.  1799 
Sir 

Your  Letter  of  October  the  19th  the  only  one  I  have  received 
was  delayed  until  Yesterday ;  the  Contents  are  indeed  unpleasant, 
and  I  have  indirectly  remonstrated  thereupon  to  the  Governour 
of  Louisiana —  for  want  of  the  Letter  of  invitation  to  the  In- 
dians, I  could  not  Consistently  be  direct. 


192  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Your  own  good  sense  will  instruct  you  to  make  use  of  fairest 
words  to  the  Red  people ;  you  can  assure  them  of  my  unremitted 
Endeavours  that  they  shall  receive  the  Charity  of  Government — 
I  have  demonstrated  to  some  of  them  extraordinery  Friendship — 
A  party  that  were  with  General  Waynes  Army  at  Fort  Washing- 
ton upon  the  Ohio. —  the  Circumstances  may  be  remembered 
in  the  Nation,  and  are  in  Point  to  shew  the  Interest  I  have  taken 
in  their  Concerns,  and  may  have  its  uses. 

If  you  should  send  in  half  a  dozen  leading  Choctaws,  such, 
generally,  as  you  may  be  doubtful  of,  I  would  endeavour  to  Con- 
ciliate them. —  You  must  not  lose  sight  that  my  means  are  small, 
but  I  pass  no  opportunity  to  the  General  Government,  to  have 
them  increased,  and  to  urge  the  interests  of  those  people. —  I 
have,  and  shall  Continue  to  transmit  your  informations  to  the 
proper  Department,  but  you  will  nevertheless,  embrace  every 
Occasion  yourself. 

I  am  anxious  for  the  information  you  promised  me  from 
Tombigby,  and  also  of  a  proper  route  for  the  mail  &c  &c  — agree- 
ably to  the  memorandums  I  gave  you. —  Be  good  enough  to 
Number  your  Letters, —  I  shall  do  the  same,  and  this  is  No. .  2 
of  mine. 

With   much  esteem  &c  &c, 

(Signed)  Winthrop  Sargent. 
Colo.  John  McKee 

Agent  in  the  Choctaw  Nation 


His  Excellency  the  Governor  was  pleased  to  issue  a  new  Com- 
mission for  the  Court  of  Common  Pleas  in  the  County  of  Adams, 
and  in  the  words  following  viz. 
Mississippi 
Territory. 

By    Winthrop    Sargent, 
Governour  of  the  Mississippi  Territory. 


GOVERNOR  WINTHROP  SARGENT.  193 

To  all,  who  shall  see  these  presents —  Greeting, 

Know  ye,  that  I  have  by  these  Letters  made  Patent  ap- 
pointed and  Commissioned  as  Justices  of  the  Common  Pleas  in 
the  County  of  Adams —  Daniel  Clark,  Bernard  Lintot,  John  Ellis, 
Thomas  Wilkins,  George  Fitzgerald,  John  Collins,  and  William 
Kenner  Esquires,  and  do  authorize  and  empower  them,  or  any 
three  of  them,  to  hold  and  keep  a  Court  of  Record  in  the  said 
County  to  be  styled  agreeably  to  the  (law)  in  such  case  made  and 
provided  "The  Court  of  Common  Pleas  of  the  County  of  Adams" 
and  therein  to  hold  Pleas  of  Assize,  Scire  Facias,  replevins,  and 
hear  and  determine  all  manner  of  Pleas,  actions,  suits,  and 
Causes  of  a  Civil  Nature  real,  personal,  and  mixed,  according  to 
the  Constitution  and  Laws  of  the  Territory. 

In  Testimony  whereof,  I  have  caused  the  Public 

[L.S.]     seal  to  be  hereunto  affixed  and  undersigned  my  name. 

Dated  at  Natchez,  Territory  aforesaid,  this  fourteenth 

day  of  November,  Anno  Domini  One  thousand  seven  hundred 

and  ninetynine,  and  of  the  Independence  of  the  United  States 

the  twentyfourth. 

(signed)  Winthrop  Sargent 


To  John  McKee. 

No.  3  Natchez  November  25th—  1799 

Sir 

I  have  received  your  three  Letters  introducing  the  War  Killer, 
and  three  other  Chiefs  to  whom  I  gave  a  Blanket  and  Leggins 
each,  with  Beef  Corn  and  Pumpkins,  which  were  by  no  means 
satisfactory. —  There  was  a  tall  old  Man  amongst  them,  I  rec- 
ollect not  now  his  name,  (and  your  Letter  is  at  the  Plantation,) 
who  was  particularly  troublesome —  who  demanded  an  Ox,  and 
whom  indeed  it  would  have  been  difficult,  to  have  satisfied —  He 
produced  a  Bunch  of  Wampum  given  him  as  he  said  by  your  In- 
terpreter, with  instruction  to  boldly  tell  all  his  wants,  and  de- 

13 


194  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

mand  that  they  should  be  supplied. —  that  I  was  rich  and  ought 
to  purchose  for  him,  from  the  stores  in  Natchez, —  this  was 
wrong  in  the  Interpreter,  and  must  not  be  repeated  They  came 
attended  by  twenty  and  more  of  their  Nation,  which  you  will 
readily  Conceive  in  my  embarrassed  situation,  could  not  have 
been  very  pleasant. 

The  old  man  spoke  very  much  of  the  Spanish  invitation  to 
their  people,  and  the  presents  which  would  be  made  to  such  as 
accepted  it. —  I  know  not  how  this  may  be,  but  I  certainly  cannot 
now  emulate  great  Generosity —  The  Spaniards  may  have  their 
Views  to  Justify  even  extravagance  for  the  Choctaws. —  they 
are  dreading  an  incensed  man  of  influence  with  the  Creek 
Nation. —  It  is  our  Policy  I  believe  to  Combate  all  Foes,  without 
recurrence  to  the  savage  arm;  it  may  not  I  think  be  amiss  to 
endeavour  in  Common  Conversation  (not  in  formal  Talks)  and 
if  not  militating  with  instructions,  to  instill  this  amongst  the 
Choctaws,  and  that  in  event  of  War,  we  should  but  of  them, 
to  remain  in  peace  at  home,  whilst  we  ourselves  should  decide  the 
Fate  of  Battles. —  such  was  our  Conduct —  such  was  our  Lan- 
guage in  the  War  with  Britain. 

I  send  to  your  care  a  Letter  for  Franchammassatubba,  which 

you  will  be  good  enough  to  have  interpreted  to  his  understanding 

—  It  is  accompanied  with  a  small  Compliment  for  his  Wife, 

which  I  supposed  might  be  more  acceptable,  than  a  small  present 

to  him.      ■ 

With  much  esteem  &c.  I  am      t  .       ,*  ,xr.  .,  „      e , 

(signed)  Winthrop  Sargent 

Colo.  John  McKee 

Agent  in  the 

Choctaw  Nation 


To  Franchammassatubba,  a  Choctaw  Chief. 

Natchez  Mississippi  Territory 

November  25th—  1799 
I  send  you  my  good  friend  by  the  War  Killer  with  whom  I  am 
very  well  pleased  a  small  Keg  of  Liquor  and  two  yards  and  a 


GOVERNOR  WINTHROP   SARGENT.  195 

half  of  Red  and  Blue  Broad  Cloth,  for  your  Wife,  as  a  very  small 
token  of  my  good  Will —  I  have  it  not  in  my  power  at  present  to 
offer  anything  for  your  own  acceptance. —  I  should  have  been 
very  glad  to  have  met  you  before  this  Time,  Face  to  Face,  and  to 
have  assured  you  of  the  good  Will  of  my  Government,  but  as  I 
know  you  must  be  attended  by  many  of  your  people  who  would 
expect  presents,  and  I  have  not  the  means  to  make  them  I  must 
postpone  an  invitation  in  Form,  though  this  subject  is  always  in 
my  mind,  and  I  have  asked  Charity  for  them,  but  the  great  men 
who  must  order  this  have  very  much  to  attend  to,  and  which  re- 
quiring time  they  have  not  yet  granted  my  request —  You  who 
are  acknowledged  a  very  Wise  and  sensible  man,  are  not  now  to 
be  told,  that  two  things  can  not  be  well  done  at  once,  and  that  in 
a  Country  where  there  are  Millions  of  people,  many  things  must 
be  done  which  probably  have  been  left  undone,  at  the  Time  when 
by  the  Treaty  with  Spain  you  were  first  acknowledged  to  be 
within  the  Government,  and  Consequently  under  the  particular 
care  of  the  Unites  States. 

Mr. .  Ellicott  has  I  am  told  made  you  many  promises,  but 
I  believe  he  was  not  authorized  so  to  do,  nor  do  I  believe  our 
Government  will  be  informed  thereof,  till  notice  which  I  have 
sent  forward  shall  arrive,  and  which  did  not  come  to  me  for 
sufficient  Credit  until  very  lately. —  Many  of  your  people  visit 
me,  and  I  endeavour  to  give  them  a  hearty  Welcome,  but  some 
leave  me  dissatisfied,  because  I  do  not  take  my  Coat  off  my  back 
and  give  it  to  them ;  indeed  I  do  not  know  if  even  that  would  be 
Enough —  but  I  trust  we  shall  live  to  see  them  Wiser  and  en- 
joying much  better  Times,  with  Independence  as  the  Whites. — 
What  would  be  the  result  of  sending  some  Ploughs,  Hoes  and 
Looms  amongst  you  ?  would  not  the  Example  of  the  Creeks,  and 
Chickasaws  induce  the  Choctaws  to  Agriculture  &c  there  are 
Certainly  very  great  advantages  in  it,  and  if  you  and  I  could 
be  the  happy  Instruments  of  making  it  General  amongst  the 
Choctaws,  it  would  gladden  our  hearts  in  our  declining  years,  as 
insuring  the  Welfare  of  their  Children  after  them. 


196  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Colo.  McKee  a  very  respected  White  man  appointed  by  our 
great  Chief  to  reside  amongst  you,  and  whom  I  am  sure  you 
will  Love  and  honour  I  refer  you  to  have  this  Letter  interpreted, 
it  is 

From  the  true  Friend  of  all  the  Choctaws 

(signed)  Winthrop  Sargent 
Franchammassatubba 

a  Choctaw  Chief. 


Appointments. 


By  His  Excellency 
Winthrop    Sargent     Esquire 
Governor  and  Commander  in  Chief  of  the 
Mississippi  Territory. 
To  all,  to  whom  these  presents  shall  come — Greeting 
Robert  Stark's  Commission. 
Know    ye,  that  I  have  Constituted  and  appointed,  and  do 
by  these  presents  Constitute  and  appoint  Robert  Stark  Esquire 
to  be  Clerk  to  the  Supreme  Court  of  the  Mississippi  Territory 
and  do  hereby  authorize  and  empower  him  to  do  and  perform 
all  and  whatsoever  to  the  office  and  duty  of  Clerk  of  the  Said 
Court  doth  any  Ways  belong  are  appertain. 

(signed)  Winthrop  Sargent 
In  Testimony  whereof  I  have  caused  the  Public 
L.  S.      Seal  to  be  hereunto  affixed —  Witness, 

Winthrop  Sargent  Esquire 
Governor  and  Commander  in  Chief. 
Dated  in  the  Territory  the  twentyeth  day  of  September, 
Annoque  Domini  One  Thousand  seven  Hundred  and  ninetynine, 
in  the  twentyfourth  Year  of  the  Independence  of  the  United 
States  of  America. 

By  His  Excellency's  Command 

John  Steele  Secretary 
Certified  the 

1st  Jan.  1800 


GOVERNOR   WINTHROP   SARGENT.  197 

A  transcript  of  this  Journal  commencing  at  Page  165 —  was 
made  for  transmission  to  the  Secretary  of  State  and  authorized 
in  the  words  following  viz. 

I  do  certify  that  the  foregoing  ninety  two  pages  are  a  tran- 
script of  the  Journal  of  Proceedings  of  the  Governor  of  the  Mis- 
sissippi Territory  in  his  Executive  Department,  from  the  thir- 
tieth day  of  June  1799  until  the  first  day  of  January,  one  thou- 
sand eight  hundred. 

In  testimony  of  which,  I  have  undersigned  my  name,  and  af- 
fixed my  private  seal  as  Secretary  in  and  for  the  Territory 
aforesaid,  in  the  county  of  Adams,  this  first  day  of  January 
One  thousand  eight  hundred- 
John  Steele  L.  S. 

Transmitted  from  New  Orleans  in  the  ship  Chesapeak  on  the 
—  of  Jany.  1800-  Also  a  Copy  of  the  Laws  for  the  same  term — 


To  Evan  Jones. 


Natchez  Deer.  14th-  1799 
Yesterday  Sir,  I  had  the  honour  to  receive  your  favour  of  the 
16th.  Ult.  with  the  declaration  of  the  Governour  of  Louisiana, 
that  the  Choctaw  Indians  had  not  been  invited  by  him  to  a 
Conference  &c-  and  requesting  to  be  advertized  through  you  of 
my  informer —  It  was  by  our  Agent  in  the  Nation.  I  was  noticed 
thereof,  and  his  information  came  from  some  of  the  Chiefs 
Many  of  whom,  have  since  made  Communications  of  like  import 
to  me,  and  that  in  no  inconsiderable  numbers,  they  were  upon 
their  way  to  Orleans,  which  is  all  I  have  to  add  at  present  upon 
this  subject,  though  possible  events  may  make  it  proper  for  me 
again  to  call  it  up,  and  again  to  trouble  you —  I  enclose  you  a 


198  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Copy  of  Laws,  passed  in  second  session  of  the  Legislature,  and 
am  with  much  respect  and  esteem. 
Sir, 

your  obliged 

and  obedient 

humble  servant 
(signed)  Winthrop  Sargent 
Evan  Jones  Esquire 

Consul  for  the  United  States 
New  Orleans. 


To  Timothy  Pickering. 

Private  Mississippi  Territory  Deer.  29th.  1799 

No.  29 
Sir, 

Since  I  informed  you  of  the  invitation  to  a  Conference  from 
the  Spaniards  to  our  Choctaw  Indians,  and  the  Communications 
of  Letters  thereupon  marked  No.  3.  &  4.  in  my  dispatches  of  the 
8th-  Ult.  I  have  received  through  Mr.  Consul  Jones  at  Orleans, 
assurances  from  the  Marquis  de  Casa  Calvo,  upon  his  word  of 
honour,  (invitation  disavowed)  that  as  far  as  he  knew,  there  was 
not  one  word  of  truth  in  the  Information  /  had  received —  That  so 
far  from  having  authorized  an  invitation,  he  was  totally  ignorant 
of  any-  that  as  he  had  no  Orders  from  his  superiors  to  hold  a  Con- 
ference ;  it  was  impossible  he  could  give  any  for  such  purpose ;  and 
he  was  well  aware,  that  such  a  step  would  be  Contrary  to  the 
Treaty  subsisting  between  his  Court  and  the  United  States —  the 
Marquis  expressed  to  Mr.  Jones  some  surprize,  that  he  should  be 
thought  Capable  of  Acting  so  Contrary  to  his  duty —  requesting 
to  know  the  source  of  my  information,  and  by  an  Aid  de  Camp, 
further  formally,  and  declared  unto  him,  that  I  have  been  misin- 
formed.   But  another  Correspondent,  whose  name  I  gave  you  in 


GOVERNOR  WINTHROP  SARGENT.  199 

—  Cyphers  in  my  letter  of  September  20th —  No.  24 —  writes 
upon  the  27th. .  of  November  thus. 

"Numbers  of  Choctaws  arrive  here,  and  as  many  as  700  are  expected, 
"with  the  intention  it  is  said,  of  Complimenting  the  Marquis  on  his  arrival — 
"the  time  Corresponding  too  well  with  your  information,  not  to  suspect 
"them  of  other  Views — I  shall  watch  and  advise  you." 

"The  great  body  of  Indians  who  have  been  here  after  receiving  Con- 
siderable presents  have  gone  away —  your  Letter  (meaning  mine  of  Novem- 
"ber  7th  to  Mr.  Consul  Jones)  "has  prevented  any  Congress  or  Public  Talk 
"if  such  was  intended;  and  I  believe  little  else  than  general  recommenda- 
"tions  to  live  in  peace  have  been  suggested  to  them.  Captain  Reed  a  Shaw- 
"anese  has  been  here  for  some  time,  and  is  in  waiting  he  says  for  a  number 
"of  his  Countrymen — You  can  easily  learn  from  him  at  his  return  all  that 
"has  been  said,  as  he  must  know  every  thing  proposed  to  the  Choctaws, 
"having  lived  in  the  same  house  with  their  Chiefs. 

"One  of  the  Choctaws  who  lives  in  your  Government  has  assured  me, 
"that  the  Spaniards  only  recommended  to  them  to  live  in  friendship." 

"A  number  of  the  Choctaws  have  asked  of  the  Governor  Spanish  Com- 
"missions, — this  he  was  too  wise  to  grant  them,  he  has  however  to  my 
knowledge  given  Certificates  to  eleven  of  them,  the  Contents  of  which,  as 
well  as  I  am  able  to  recollect  is" 

"That  the  Indian  therein  named  while  the  Nation  was  in  the  Territory 
"of  his  Chatholic  Majesty,  was  chief  of  such  a  Village  and  was  entitled  to 
"the  great  or  little  Medal — ,  but  that  now  the  Spanish  Government  looked 
"upon  him  as  a  Captain  among  his  Nation,  without  pretending  to  any  right 
"of  Nomination  or  interference  with  their  Concerns." 

"One  of  these  Certificates  was  read  to  me  designedly  by  the  Secretary 
"of  the  Government  and  I  pretended  to  pay  no  attention  to  it —  I  procured 
"however  the  names  of  some  of  the  Chiefs  to  whom  they  were  Granted,  and 
"forward  them  to  you,  knowing  that  a  knowledge  of  this  Circumstance  will 
"be  sufficient  to  enable  you  to  get  them,  or  Copies  into  your  hands." — The 
"certificates  are  in  the  Spanish  Language,  Granted  by  the  Marquis  De  Casa 
"Calvo,  and  Countersigned  by  the  Secretary  Andres  Lopez  de  Armisto, 
"having  the  Governors  Seal  affixed  to  them." 

My  Correspondent  has  farther  informed  me  of  an  Expedition 
preparing  under  the  Cammand  of  Don  Pedro  Olive,  an  Officer  in 
the  Province  of  Louisiana  against  Bowles1  with  whose  Character 
you  must  assuredly  be  well  acquainted —  That  the  Gallies  and 
Gun  Boats,  with  all  the  small  Craft  which  navigate  near  new 
Orleans  and  Pensacola,  were  to  be  sent  upon  it,  with  a  Detach- 
ment of  Regular  Troops —  Free  people  of  Colour,  and  such  of  the 

1  Expedition  against  William  Bowles. 


200  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Militia  as  could  be  prevailed  on  to  March —  Probably  the  force 
including  Sailors,  will  be  about  500  Men — 

Colo.  Steele  will  transmit  a  Copy  of  Proceedings  in  the  Exec- 
utive Department  of  this  Government  for  the  last  six  months, 
by  Water  Conveyance  to  expedite  its  arrival  at  Philadelphia, 
and  which  I  trust  may  operate  as  a  Counterpart  to  any  Mis- 
representations which  may  be  attempted  by  the  indisposed  of 
this  Country. 

I  have  the  pleasure  to  believe  Opposition  to  Government 
Expiring  but  am  not  yet  happy  enough  to  inform  you  of  the 
good  order  of  the  Militia —  The  Governours  Exercising  the  Right 
of  appointing  the  Militia  Officers,  though  it  is  acknowledged  he 
has  Chosen  some  of  the  best  Men,  and  that  there  are  very  few 
exceptionable  Characters  in  Commission,  nevertheless  is  said 
to  be  the  cause  of  great  Reluctance  to  be  enrolled —  I  will  again 
address  them  upon  this  important  service  due  their  Country 
and  if  possible  Conciliate  them  to  their  true  interests,  in  obedi- 
ence to  Laws  of  the  Territory. 

With  much  Respect  and  esteem, 
I  am  Sir, 

your  very  obedient 

humble  servant, 

(signed)  Winthrop  Sargent. 

The  Honourable  Secretary  of  State. 


Address  to  Commanders  of  Legions. 

1800  Jan.  1. 
His  Excellency  the  Governor,  was  pleased  to  address  the 
Commandants  of  Legions  in  the  Words  following,  viz. 
Gentlemen, 

I  had  fondly  flattered  myself,  that  so  obvious  necessity  of  a 
well  Organized  and  effective  Militia  in  the  Mississippi  Territory, 
and  the  energetic  Measures  adopted  to  obtain  the  same  would  at 
an  early  Period,  have  produced  the  due  order  and  perfect  ar- 


GOVERNOR  WINTHROP  SARGENT.  201 

rangement  in  the  Legions  of  both  Counties ;  but  'tis  with  extreme 
pain  I  learn  that  at  this  late  day —  fifteen  Months  from  the 
Publication  of  the  General  Regulations,  and  appointment  of 
Officers,  and  almost  a  full  year,  since  the  passing  of  the  Militia 
Law —  No  inconsiderable  proportion  of  those  required  to  be 
enrolled  in  the  Militia,  Continue  Obstinately  to  persist  in  absent- 
ing themselves  from  parade  and  place  of  exercise,  in  Contemptu- 
ous Violation  of  my  Reiterated  Injunctions,  as  well  as  the 
Supreme  authority  of  the  United  States,  and  that  there  is  no 
immediate  Prospect  of  an  Effective  Military  force  from  the  In- 
habitants of  this  Country —  that  the  Governour  Exercising  the 
Power  of  appointing  the  Officers  is  made  the  Ground  of  insupera- 
ble Objection  to  Service  with  a  party,  who  have  the  Management 
to  Counteract  all  the  Exertions  of  the  Commandants  and  well 
disposed  Officers,  and  that  it  has  been  assumed  by  them  of  late 
to  hold  Public  meetings  for  the  avowed  purpose  of  electing  to 
office  and  Command  within  the  Territory.1 

AProceeding  so  unconstitutional  Gentlemen  I  am  per- 
suaded can  not  have  received  your  Countenance —  From  your 
Zeal  and  Duty  I  expect  that  information  which  will  direct  the 
proper  Measures  upon  such  Occasions —  and  once  more  Gen- 
tlemen most  solemnly  I  call  upon  you  for  your  best  endeavors 
to  the  perfect  fulfilment  of  the  Law; —  In  every  Point  of  View 
this  is  an  Object  of  high  importance  to  most  of  us —  In  the  event 
perhaps  may  be  implicated  our  own  Reputation  and  very  im- 
portant concerns  of  the  Inhabitants  of  the  Mississippi  Territory, 
for  we  are  not  to  suppose  our  Nation  will  View  with  favour  or 
regard  those  who  may  rebel  against  its  Powers,  or  Violate  its 
Ordinances. 

Determined  Systematic  Opposition  to  sovereign  Will  as  ex- 
pressed in  the  Ordinances  for  the  Government  of  the  Missis- 
sippi Territory  and  the  Laws  which  have  been  adopted  by  the 
Constituted  Authorities,  is  a  Crime  of  so  very  alarming  a  Ten- 

1  There  seems  to  have  been  a  constant  desire,  on  the  part  of  the  people, 
to  elect  their  militia  officers.  It  was  the  law.  however,  that  the  Governor 
should  appoint  them. 


202  MISSISSIPPI   TERRITORIAL   ARCHIVES. 

dency  that  I  pray  God  this  people  may  never  Commit  it,  and  if 
there  be  any  amongst  us  inconsiderate  enough  even  to  have  Con- 
templated with  Complacency  such  a  Measure  I  most  earnestly 
Recommend  the  fatal  Consequences  thereof  to  their  Serious  Con- 
sideration—  To  this  Moment  I  have  Continued  to  declare  unto 
the  Government  my  Belief,  that  their  pleasure  (as  it  ought) 
would  eventually  be  our  guide. —  From  your  report  Gentlemen, 
I  am  to  make  my  further  Communications —  Facts,  Such  as  they 
may  be,  it  will  be  my  Duty  to  State,  and  I  shall  Conscientiously 
perform  it. 

Assemble  then  your  Respective  Commands  either  in  Legions, 
Companies,  or  detachments  as  shall  be  most  Convenient —  let 
them  be  informed  it  is  to  be  a  meeting  of  more  than  common 
Concern,  and  endeavour  to  obtain  the  Attendance  of  every  Man 
enrolled  in  the  Militia. 

Address  them  Gentlemen  in  Language  adapted  to  the  Occa- 
sion, and  with  that  Spirit  of  Conciliation  and  Sense  of  Duty, 
which  I  persuade  myself  governs  almost  every  Gentleman  in 
Commission,  Assure  them  of  that  disposition  to  accommodation 
which  I  truly  feel,  and  have  uniformly  expressed —  that  where 
all  the  Necessary  Qualifications  for  Office  Unite  in  a  man  most 
agreeable  to  the  people,  such  should  be  my  Election,  but  that 
Responsibility  being  with  me,  and  the  Constitution  requiring  I 
should  appoint  all  Officers,  I  will  not  directly  or  indirectly  Violate 
the  Trust —  Express  our  Joint  determination  of  Duty  in  full  exe- 
cution of  the  Laws,  and  ascertain  with  precision,  the  nature  and 
Magnitude  of  Opposition,  with  the  names  of  those  therein  for 
my  immediate  Government —  Make  me  also  a  Complete  return 
of  the  Militia  with  the  State  of  the  arms  &c  as  soon  as  possible. 
I  am, 

Gentlemen, 

with  much  Esteem, 

your  obedent  humble  servant 
(Signed)  Winthrop  Sargent 


GOVERNOR  WINTHROP   SARGENT.  203 

The  Commandants  of  Adams  &  Pickering  Counties. 

The  Commandants  of  the  Militia  of  Adams  and  Pickering 
Counties,  are  earnestly  requested  to  Cause  the  foregoing  address 
to  be  Communicated  to  the  Field  Officers  Captains  and  Subalterns 
of  their  Respective  Legions  without  delay,  from  their 

most  obedient 

humble  servant, 
(Signed)  Winthrop  Sargent 


To  the  Justice  of  Court  of  Gen'l.  Quarter  Sessions. 

Natchez  Jany.  2d  1800 
Sir 

A  transcript  from  the  Records  of  the  Court  of  General  Quar- 
ter Sessions  of  the  peace  for  the  County  of  Pickering  was  re- 
ceived by  the  Governour  in  September  last,  soliciting  him  to 
name  a  Place  where  a  Courthouse  and  Jail  shall  be  built  for  the 
said  County,  or  that  he  would  Commission  some  persons  for  the 
purpose —  Stateing  at  the  same  time,  the  Expense  necessary  to 
adapt  One  of  the  Buildings  at  the  Villa  Gayoso  for  a  Prison — 
In  Consequence  of  which,  he  addressed  the  honourable  Colo. 
Steele  the  Secretary  of  the  Territory,  and  until  the  close  of  the 
last  year,  Continued  to  hope  that,  that  Gentleman's  health  and 
Public  avocations  might  have  permitted  him  to  have  made  the 
necessary  observations  for  his  Conduct  in  this  Business  But  de- 
prived for  the  present  of  that  source  of  information,  by  the 
Secretary's  absence,  and  to  prevent  more  delay —  The  Governor 
will  Commit  the  due  investigation  to  the  Justices  of  the  Court 
aforesaid,  associated  with  the  Commissioners  under  the  author- 
ity of  the  "Law  directing  the  manner  in  which  money  shall  be 
raised  and  levied  to  defray  the  Charges  which  may  accrue  in 
the  several  Counties" —  Who  are  Requested  to  View  the  Country 
and  report  to  him,  a  Situation  most  proper  for  the  Public  Build- 


204  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

ings,  stating  specially  the  reasons  upon  which  they  make  up 
their  Judgment. 

The  Governour  is  however  bound  in  duty,  and  by  his  incli- 
nations to  promote  the  interests  of  the  people  of  that  County, 
to  observe  that  if  the  Buildings  and  Situation  of  the  Villa  Gayoso 
might  be  found  of  accommodation  to  the  County  for  the  Courts 
of  Justice  &c —  it  is  very  probable  they  may  be  obtained  from  the 
United  States,  at  considerably  less  expense,  than  new  ones 
possibly  can  be  erected. 
I  am  Sir,  with  respect 

your  very  humble  servant 
(Signed) 

Winthrop  Sargent. 
The  Presiding  Justice  of  the  Court  of  Genl.  Q. 
Sessions  of  the  Peace, 

Pickering  County. 


To  Oliver  Wolcott  Jr. 

Mississippi  Territory 
Natchez  January  10th  1800 
Sir 

Upon  the  enclosed  Petition  which  with  the  accompanying 
account,  and  Certificate,  from  the  Territorial  Judges,  I  know 
not  otherwise  how  to  dispose  of,  than  submitting  to  your  Justice, 
I  take  leave  Respectfully  to  Represent,  that  the  charges  made 
by  the  Parties,  could  not  in  equity  be  against  the  Territory — 
The  Prisoners  having  been  committed  and  the  expense  Conse- 
quently incurred  for  and  in  behalf  of  the  United  States. 

If  Sir  it  should  seem  to  you  proper,  that  the  account  should  be 
allowed,  and  it  may  not  be  in  proper  Train  at  the  Offices  under 
your  immediate  Controul,  I  will  myself  be  much  obliged,  by  your 
giving  it  the  necessary  facility,  and  shall  Embrace  the  first  op- 


GOVERNOR  WINTHROP   SARGENT.  205 

portunity  of  Demonstrating  gratitude  by  any  services  in  my 
Power. 

With  great  Respect  I  have  the  honour  to  be 

Sir, 

Your  obedient  humble  servant, 
(Signed) 

Winthrop  Sargent 
The  Honble —  Secretary  of  the  Treasury 


PROCLAMATION, 

By  Winthrop    Sargent 

Governor    of  the    Mississippi    Territory. 

It  having  been  represented  unto  me  that  the  great 
L.  S.  Inclemency  of  the  present  season,  may  render  it  very 
inconvenient  for  the  inferior  Courts  of  Adams  County 
to  be  holden  at  the  time  which  has  been  Prescribed,  I  have 
thought  proper  to  issue  this  my  Proclamation,  to  postpone  the 
Commencement  of  the  same  for  the  February  term  to  Monday 
the  10th  instant,  when  they  are  to  be  held  at  the  place  and  in  the 
order  as  has  been  heretofore  directed. 

Given  under  my  hand  and  the  Public  Seal,  February  the  first 
Anno  Domini  One  Thousand  eight  Hundred,  and  of  the  Inde- 
pendence of  the  United  States  of  America  the  twentyfourth 

(Signed)  Winthrop  Sargent 
By  his  Excellencys  Command 
Peter  Walker1  for 

John  Steele  Secretary 
William  Williams 

Keeper  of  the  Seal  — 

1  Peter  Walker  had  been  a  clerical  assistant  under  the  Spanish  admin- 
istration of  Gov.  Gayoso. 


206  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Timothy  Pickering. 

Mississippi  Territory 
No. .  30-  Private  February  the  10th—  1800— 

Yesterday  my  Dear  Sir,  by  Mr.  Hunt  I  received  your  Private 
Letter  of  October  the  28th —  of  last  year —  but  not  the  Public 
one  you  had  intended  — Your  three  emphatic  words  upon  mine 
of  the  preceding  June  afford  me  singular  satisfaction,  and  I 
can  continue  to  assure  you,  of  a  pleasing  Consciousness,  that  a 
Public  investigation  of  my  official  Conduct,  would  prove  very 
honourable  to  my  intentions  at  least. —  I  have  so  regularly  added 
of  this  People  from  that  date,  that  to  the  present  it  will  amply 
suffice,  for  the  information  of  yourself  and  Government. 

The  Provision  which  you  advertise  me  the  Secretary  of  War 
Contemplates  for  the  Choctaw  Indians  seems  small  indeed.  Will 
it  not  be  eligible  for  me  to  speak  to  them  in  plain  and  honest 
Language —  "We  are  not  under  obligations  to  your  nation —  We 
want  not  your  services  at  present,  if  we  should  hereafter,  and 
they  be  afforded,  we  will  pay  you  for  them —  Expect  not  presents 
—  We  will  however  give  you  advice  to  live  in  peace,  and  to  hunt 
and  Cultivate  your  Lands —  if  you  come  into  our  Country  and 
Commit  Trespasses,  or  Capital  Crimes,  we  will  Whip,  imprison, 
or  hang  you  as  we  would  the  Whites,  and  we  will  also  punish 
Exemplarily  all  aggressions  upon  you —  Strict  Justice  must  be 
the  sum  of  your  expectations,  save  Bread  and  Beef  when  you 
come  to  Visit,  not  live  upon  us —  If  you  wage  war  with  the 
People  of  our  Territories,  we  will  send  an  armed  force  to  your 
very  whigwhams —  we  will  destroy  your  Fields,  and  little  Stock, 
and  make  Captives  your  Wives  and  Children — 

Such  Talk  my  Dear  Sir,  and  there  would  at  least  be  a  Truce 
to  the  Vain  Complaints  of  the  Indians,  and  our  people  of  the 
Mississippi  Territory,  and  perhaps  this  line  of  Conduct  would  be 
most  Politic,  (Certainly  most  Economical)  but  that  the  former 
really  seem  at  present  to  be  very  much  Courted  by  the  Spanish 
Government —  and  in  War  with  any  European  Power  Whatever, 


GOVERNOR  WINTHROP   SARGENT.  207 

might  in  Consequence  take  a  decided  part  against  us —  Whatever 
shall  Sir  be  signified  to  me  as  the  pleasure  of  Government,  I 
will  as  in  Duty  bound  faithfully  Execute. 

I  take  leave  to  send  you  the  Mississippi  Gazette,1  and  shall 
so  continue  to  do,  Requesting  after  Perusal,  that  the  same  may  be 
handed  to  Colo.  Hodgdon. 

With  the  most  Respectful  esteem 
I  am  dear  sir, 

your  obedient  humble  servant, 

(signed)  Winthrop  Sargent 
The  Honourable  Secretary  of  State  of  the  United  States — 


Mississippi  Territory 

Proclamation, 

By  W  i  nt  h  r  o  p    Sargent 

Governour. 

1800  Feb.  12 
To  all  persons  whom  it  may  concern,  Greeting. 

Be  it  Known,  that  upon  the  Representation 
[L.S.]  of  the  attorney,  for  the  United  States  and  Territory, 
that  the  alteration  which  has  been  directed,  in  the 
Terms  of  the  Inferior  Courts  of  the  County  of  Adams  will  (for 
the  equal  administration  of  Justice  in  the  County  of  Pickering) 
Render  it  essential,  to  postpone  the  February  sesions  of  the 
Courts  there  also —  and  that  the  first  Week  in  March  will  prob- 
ably be  of  General  Accommodation. 

I  Have  thought  Proper,  by  these  presents  made 
Patent,  to  direct  that  the  Justices  of  the  Court  of  General  Quarter 
Sessions  of  the  peace  of  said  County,  do  hold  the  Court  of  General 
Quarter  Sessions  of  the  Peace,  at  the  Villa  Gayoso,  upon  Monday 
the  third  day  of  March  next,  and  that  the  Courts  of  Common 

1  The  first  newspaper  published  in  Mississippi  Territory,  by  Andrew 
Marschalk,  at  Natchez. 


208  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Pleas  and  Probate  be  holden  at  the  same  place  and  in  the  rela- 
tive order,  as  has  been  heretofore  directed. 

Given  under  my  hand  and  the  Public  Seal,  the  twelfth  day 
of  February  Anno  Domini  One  Thousand  eight  Hundred,  and  of 
the  Independence  of  the  United  States  the  twentyfourth 

(signed) 

Winthrop  Sargent 
By  his  Excellencys  Command 
Peter  Walker  for 

John  Steele  Secretary 
William  Williams  Keeper  of  the  seal — 


Passport  to  Indian  Nations. 

Upon  application  of  the  Commandant  of  Atakapa  Province  of 
Louisiana  that  a  negro  and  two  horses  Stolen  and  in  the  Chicka- 
saw Nation  may  be  Restored  to  the  Rightful  Owner,  a  Spanish 
subject. 

Natchez  24th-  of  Feby.  1800— 

The  bearer  Robert  Imsbram  is  permitted  to  Pass1  into  the 
Chickasaw  Nation  of  Indians  Conditioned  that  he  Conforms 
strictly  to  the  Laws  of  the  United  States,  and  Territory —  In 
the  Business  which  he  has  there  to  Negociate —  the  Agent  of  the 
United  States  is  requested  by  the  undersigned,  to  afford  him 
such  aid,  as  may  in  Policy,  be  due  to  the  subject  of  a  Power  with 
whom  we  are  in  Friendship,  and  from  whom  'tis  possible  we 
may  need  Civility  under  Exactly  Similar  Circumstances. 

(Signed)  Winthrop  Sargent 


The  Governor  has  received  by  the  hands  of  Ann  Walton, 
the  notice  of  her  being  fined  by  the  Court  of  General  Quarter 

1  For  passage  through  the  Indian  Nations  it  was  necessary  to  secure 
a  passport  from  the  Superintendent  of  Indian  Affairs,  for  which  a  small  fee 
was  charged. 


GOVERNOR  WINTHROP  SARGENT.  209 

sessions  of  the  peace  of  Adams  County,  with  the  Request,  that 
he  would  lesson  or  Remit  the  amount  thereof;  and  for  Reasons 
which  he  is  very  willing  to  admit  are  good  and  sufficient,  but 
notwithstanding  the  full  force  of  this  and  his  very  unfeigned 
respect  for  the  honourable  Court;  Yet  as  the  Laws  of  the  Terri- 
tory, have  absolutely  appropriated  all  fines,  either  expressly  or 
by  implication  (One  solitary  instance  only  excepted)  it  is  not 
within  the  limits  of  his  authority  to  Controul  them. 

Mississippi  Territory  February  24th.  1800 — 


To  James  Wilkinson. 

The  Grove  Mississippi  Territory 

February  27th—  1800 
I  have  my  Dear  Sir  to  request,  if  Compatible  with  your  in- 
structions, or  sense  of  propriety  a  renewal  of  those  arrange- 
ments, which  authorise  my  receiving  from  the  Provision  Con- 
tractor, through  the  medium  of  the  official  Commanding  at 
Natchez,  Rations  for  the  Indian  Department. —  Pending  almost 
your  whole  absence  from  the  Territory,  this  Accommodation 
has  been  withheld,  and  I  have  been  Constrained  to  purchase  at 
the  extravigant  Price  of  the  Country  embarrassing  to  myself, 
and  injurious  I  believe,  to  the  interests  of  the  United  States 
With  Respectful  esteem  I  am, 
Dear  Sir, 

your  obedient  humble  servant 

signed  Winthrop  Sargent 
General  James  Wilkinson  - 


To  Agents  of  the  United  States. 

Natchez  Mississippi  Territory 
February  28th. .  1800— 
The  agent  or  agents  of  the  United  States  who  are  in  the 
Chickasaw  Nation  of  Indians  are  specially  Requested  to  afford 

14 


210  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

unto  the  Post  Riders  of  Mr.  Abijah  Hunt  (who  has  Contracted 
to  carry  the  Mail  from  Natchez  to  Knoxville)  all  the  aid  and 
protection  in  their  Power  Consistent  with  their  general  Duty, 
and  Instructions.1 

(Signed)  Winthrop  Sargent 
Governour — 


To  Timothy  Pickering. 

No.  31-  Natchez  Mississippi  Territory 

March  1st-  1800— 
Sir 

I  was  honoured  with  your  Public  Letter  of  November  14th — 
upon  the  23.  Ult.  by  General  Wilkinson,  who  had  arrived  upon  the 
preceding  day — 

I  shall  sir  upon  your  suggestion,  seek  an  opportunity  (with  as 
little  expense  as  possible)  to  prevail  upon  the  Chickasaw  Indians, 
to  suffer  such  establishments  within  their  Country,  as  may  facili- 
tate and  secure  the  Mails,  but  I  am  inclined  to  believe,  they  will 
not  very  readily  permit  the  settlement  of  white  people  amongst 
them — 

The  "intire  satisfaction"  of  the  President  at  the  Contents  of 
my  Letters  of  July  the  17th —  August  the  7th —  and  the  Unoffi- 
cial one  of  June  the  25th —  which  you  have  so  obligingly  Com- 
municated to  me  is  highly  gratifying —  if  the  most  unremitted 
endeavours  at  Rectitude  in  Public  life,  might  insure  the  Just 
Return  I  would  fondly  promise  myself  to  the  close  thereof  the 
great  Reward  of  perfect  Approbation. 

In  my  Letter  of  December  29th . .  No  29 — I  continued  the  in- 
formation Relative  to  the  Visits  of  the  Choctaws  at  Orleans,  the 
Measures  I  had  taken  thereupon,  and  the  assurances  of  the  Gov- 
ernour. I  sent  forward  a  duplicate  of  this  letter  believing  it  of 
moment,  and  must  Conclude  therefore,  that  one  of  them  may 

1  First  contract  for  carrying  the  mails  in  Mississippi  Territory. 


GOVERNOR  WINTHROP  SARGENT.  211 

have  reached  you.    Upon  the  20th —  of  February  Colo.  McKee 
wrote  me  upon  the  subject  as  follows — 

"On  the  15th —  Ult  Todohamo  a  Confidential  Chief,  whom  I  had  en- 
gaged  to  attend  the  Conference  at  Orleans,  Returned  to  the  lower  Choc- 
taws,  of  which  District  he  is  a  Principal  Chief,  and  informed  me,  that  no 
bad  advices  was  given  to  the  Chactaws,  by  the  officers  of  his  Catholic 
Majesty. 

Favre  the  Interpreter  was  the  only  Public  Character  that  saw  the 
Chiefs,  and  he  informed  them  that  Governour  Gayoso's  Successor  had  not 
arrived,  and  Consequently  there  was  no  person  authorized  to  talk  with 
Red  people  but  himself —  That  he  had  some  presents  for  them,  and  to  in- 
form them,  that  if  they  would  return  in  the  spring,  when  the  leaves  were 
about  half  grown,  they  would  receive  much  larger  presents,  and  meet  a 
man  authorized  to  Talk  with  them;  He  told  them  that  the  Spaniards  and 
Americans  are  now  at  peace,  but  are  like  two  Traders  in  the  same  Town 
in  their  Nation,  who  are  struggling  who  can  get  the  most  Skins —  when  they 
meet  the  (they)  Speak  to  each  other,  and  behave  with  seeming  friendship, 
though  there  is  still  a  sourness  in  their  hearts  and  in  his  most,  who  has  the 
Smallest  share  of  the  Trade, —  In  Explanation  he  Told  them  the  greatest 
sourness  was  at  present  in  the  hearts  of  the  Spaniards" —  "larger  presents 
I  am  informed,  have  not  been  made  by  the  Spanish  Government,  since  the 
Reduction  of  Pensacola ' —  What  object  it  can  have  in  View,  I  can  not  Con- 
jecture—  through  the  Indians  I  have  no  Clue  to  the  Mystery —  I  am  Con- 
fident however  that  such  presents  were  not  made  and  greater  promises 
for  Ordinary  Objects —  Bowles's2  landing  in  East  Florida  can  not  be  the 
original  Motive  of  the  Invitation  which  must  have  issued  from  Orleans  in 
September,  as  it  reached  the  nation  as  well  as  my  Recollection  serves  the 
20th —  of  October. 

I  have  engaged  Totohamo,  in  whose  truth  and  Correctness  I  have  the 
fullest  Confidence,  to  attend  the  approaching  Conference  in  the  Spring, 
who  with  another  very  principal  Chief  whom  I  will  engage  to  accompany 
him  will  be  able  in  event  of  bad  Counsel  being  given  the  Indians,  to  pre- 
vent them  from  embracing  it — 

This  is  the  whole  of  the  Colonels  Communications  to  me, 
and  I  can  not  but  express  my  doubts,  whilst  I  transmit  the  same, 
of  the  influence  of  his  Confidential  Chiefs,  to  Counteract  the 
Machinations  of  the  Spaniards,  aided  by  the  large  presents,  their 
custom  it  seems  to  make  to  the  Choctaws —  Always  poor,  but  at 
this  time  more  than  ever  needy —  and  forgive  me  sir,  for  asking 
if  it  it  be  Just  to  deprive  this  distressed  people  (as  wanting  all  the 

1  Referring  to  the  capture  of  Pensacola  by  Galvez,  May  10,  1781. 

*  William  Augustus  Bowles,  a  native  of  Maryland,  who  joined  the  British 
against  his  countrymen  in  1776.  He  deserted,  went  to  the  Creek  Nation, 
where  he  became  very  influential,  and  married  a  Creek  woman. 


212  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

necessities  of  life)  of  the  Charity  of  the  Spaniards,  whilst  we 
continue  totally  to  neglect  them —  My  line  of  Conduct  however 
will  be  to  keep  the  Marquis1  indirectly  advertised  of  the  Public 
Sin,  and  the  Train  of  evils  which  may  be  the  Consequence  of 
his  Communication  with  our  Indians —  til  I  am  better  advised 
or  instructed  from  Government —  Some  sufficient  annual  Pres- 
ents or  Trading  houses  under  due  order,  or  both  probably  would 
be  of  National  advantage —  but  I  forbear  to  be  urgent  — I  anx- 
iously desire  however  to  be  informed,  how  I  am  to  talk  to  these 
people,  who  make  no  end  or  Measure  to  their  Solicitations  for  the 
Bounty  of  the  United  States. — 

I  wish  also  to  be  instructed  for  my  Conduct  towards  those 
people,  Squatting  or  establishing  themselves  upon  the  Public 
Lands  my  Pointed  Proclamation  of  October  4th-  1798 —  not- 
withstanding—  their  number  is  not  inconsiderable,  and  I  am 
sorry  to  add,  I  believe  day  (daily)  increasing —  I  have  forborne 
any  Measures  in  this  Business  hoping  sir  Counsel  from  your 
better  Judgment  either  by  Public  or  Private  Communications 
the  Prohibition  having  been  submitted  long  since,  by  a  Duplicate 
of  the  Secretary's  dispatches —  a  degree  of  Odium  would  no  doubt 
attach  to  me,  from  removing  the  intruders,  but  the  will  of  Gov- 
ernment (as  it  ought)  shall  be  my  guide — 

With  most  respectful  Consideration 
I  have  the  honour  to  be  Sir, 

your  obedient  humble  servant 

Signed  Winthrop  Sargent. 

The  Honourable  Secretary  of  State — 

1  Marquis  de  Casa  Calvo,  Spanish  Governor  of  Louisiana. 


GOVERNOR   WINTHROP  SARGENT.  213 

To  Burd  Grubb.1 

Mississippi  Territory 
March  1st  1800— 
Sir 

In  order  to  give  facility  and  better  secure  the  Mail  Con- 
tracted to  be  carried  from  this  to  Knoxville  it  is  a  Matter 
very  much  to  be  wished,  that  there  were  establishments  at  proper 
distances  upon  the  Way, —  say,  at  the  termination  of  every  forty 
or  fifty  miles,  or  such  days  Journies  as  the  Post  Rider  usually 
makes,  and  immediately  upon  the  banks  of  the  deep  or  unforda- 
ble  Waters —  whether  establishments  are  made  by  white  men 
or  the  most  civilized  of  the  Chickasaw  Indians  perhaps  is  im- 
material—  the  latter  probably  will  not  make  them,  but  if  their 
consent  could  readily  be  had,  I  have  no  doubt  white  men  might 
be  induced  to  accomplish  this  object —  for  in  addition  to 
those  advantages  which  they  would  derive  from  Accommo- 
dating the  Travellers  (by  report  not  of  inconsiderable  number) 
they  might  in  Certain  situations,  well  enough  adapted  for  the  two 
purposes,  enjoy  Considerable  Benefit  from  a  Trade  useful  also 
to  the  Indians —  It  would  on  my  part  be  made  an  indispensible 
Condition  for  permitting  Residence  in  the  Nation  that  ample 
Provisions  of  Forage  &c  should  always  be  supplied  to  the  Post 
Riders. 

The  object  of  making  this  address  to  you  sir,  is  for  your  en- 
deavour to  facilitate  the  Business —  To  sound  the  Indians  there- 
upon and  if  possible  to  produce  from  them  a  proposition  in  Point 
—  Indian  honour  in  such  infliction  of  the  Measure,  would  be 
pledged  for  the  aid  perhaps  we  can  not  well  do  without —  to 
solicit  ourselves,  might  awake  those  Jealousies  which  I  am  truly 
sorry  to  say,  have  so  often  been  enough  founded  by  our  Country- 
men, but  in  the  present  Case,  I  pourtray  honestly  all  may  (my) 
motives.  I  write  you  upon  this  Occasion  from  Faith,  that  neither 
Major  Lewis,  or  any  Public  Agent,  is  at  present  with  the  Chicka- 


1  Grubb  seems  to  have  been  Sargent's  confidential  agent  in  the  Chicka- 
saw Nation. 


214  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

saws  and  from  high  Confidence  in  your  attachment  to  the  Gov- 
ernment, as  well  as  general  Intelligence  and  fitness  to  manage 
this  Business —  established  in  my  mind,  by  your  friends  Messrs. 
Harding  and  Duncan — 

Should  the  Major  be  in  the  Nation  you  will  see  the  propriety 
of  shewing  him  this  letter  and  asking  in  my  name  his  Counte- 
nance and  Cooperation,  and  be  pleased  to  offer  unto  him  my 
Compliments. 

With  wishes  for  your  health  and  happiness,  I  am  sir, 

Your  humble  servant 
(Signed)  Winthrop  Sargent 
Mr.  Burd  Grubb- 

Residing  in  the  Chickasaw  Nation 
of  Indians.  — 


To  James  Wilkinson. 

Mississippi  Territory 
The  Grove  near  Natchez  March  10 
Sir 

In  the  Communications  you  obligingly  made  me  upon  the 
first  instant,  I  read  with  much  satisfaction  for  myself  and  the 
poor  Indians  that  as  superintendent  of  their  affairs,  I  should  be 
indulged  in  giving  them  provisions  from  the  Public  Magazines, 
and  assured  of  your  disposition  to  Modify  this  Business  to  our 
Convenience —  I  had  flattered  myself  to  be  rid  of  all  that  em- 
barrassment, which  I  have  so  much  experienced,  under  the  ad- 
ministration of  your  subordinate  officers,  during  your  absence 
from  the  Territory,  by  their  denying  this  Accommodation,  and 
the  Consequent  Constraint  to  make  my  Purchases  in  the  Town 
of  Natchez  at  the  uncertainty  of  reembursement,  and  without 
Funds  for  such  purpose —  But  informed  this  Morning  of  the 
withdrawing  the  Troops  from  the  Town,  and  with  them  the 
Means  of  Carrying  into  effect,  your  and  the  intentions  of  Govern- 
ment, I  delay  not  to  ask  from  you,  some  immediate  suitable  ar- 


GOVERNOR  WINTHROP  SARGENT.  215 

rangement,  that  I  may  have  it  in  my  Power  Occasionally  to  sup- 
ply those  people  with  Beef  and  Bread,  without  more  distressing 
my  own  Fortunes,  or  the  Risque  of  accumulating  expense  to  the 
United  States. 

I  forbear  to  urge  the  uses  of  Continuing  a  small  Garrison  at 
Natchez  — that  the  Indians  do  and  will  persist  to  Visit  there  in 
Numbers —  that  they  are  often  in  a  State  of  intoxication —  that 
they  will  be  fed  from  the  Planters  and  Inhabitants,  already 
loudly  and  Justly  Complaining  from  this  Cause  (should  Govern- 
ment deny  Provision)  all  this  and  the  evils  which  might  possibly 
ensue  under  the  present  apparent  disposition,  must  be  obvious  to 
your  mind  without  Comment ;  and  I  persuade  myself  I  have  only 
to  ask  for  such  arrangement  as  your  Judgment  shall  believe 
sufficiently  meet 

With  very  Respectful  Consideration 

I  have  the  honour  &c — 

signed  Winthrop  Sargent. 

General  James  Wilkinson. 


To  James  Wilkinson. 

The  Grove  Evening  of 
Mar  17th—  1800. 
Sir, 

I  return  thanks  for  your  Promptitude  in  the  arrangement  to 
supply  the  Indians  with  Provisions  at  Natchez —  Which  I  trust 
may  be  of  national  Benefit,  and  as  it  appears  the  extent  of  your 
means,  I  forbear  to  further  urge —  The  Embarrassments  noticed 
in  my  leter  of  the  10th  — Instant  arose  (if  I  mistake  not)  as 
therein  expressed,  from  suspension  of  the  accommodation  you 
had  long  since  made,  and  now  Virtually  Renewed —  They  origi- 
nated under  the  Command  of  Major  Hersey,  in  instructions  to 
Lieutenant  Marschalk  of  Fort  Sargent,  Prohibitory  in  his  Opin- 
ion to  Supplying  the  Indians  with  Provisions  upon  request  of  the 


216  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Superintendent —  Were  Continued  by  Lieutenant  Scott  after 
Major  Cushing  tooke  the  Command —  which  Constrained  me 
sometimes  to  purchase  upon  Terms,  disadvantageous  to  the 
United  States —  but  oftener  to  deny  those  people  altogether, 
having  within  myself  no  possible  Means  of  Supply. 

I  make  this  statement  Sir,  at  your  special  desire,  and  sub- 
mit it  to  your  better  Judgment,  whether  it  may  not  be  as  well, 
to  pass  over  the  subject  without  formal  enquiry —  Your  order  of 
the  first  instant,  and  Provision  of  this  day,  being  enough  perhaps 
to  guard  against  the  return  of  such  Evils — 

I  feel  anxious  to  Contribute  all  in  my  Power  to  the  Public 
good,  and  shall  not  a  moment  hesitate  in  any  means  to  promote 
the  same;  I  have  made  unto  you  some  Communications  unoffi- 
cially to  this  End,  which  if  you  believe  essential  shall  be  offered 
in  due  form. 

I  am  &c 

Signed  Winthrop  Sargent — 

General  James  Wilkinson 


To  Daniel  Clark — 

Mississippi  Territory 
The  Grove  March  23d  1800 
Sir 

By  the  Muster  Rolls  of  Captains  Ellis  Collins  and  Kenner, 
and  the  Letter  of  Major  Ellis  accompanying  yours  of  the  21st 
instant,  it  appears  there  has  not  as  yet  been  the  due  attention 
to  my  order  of  the  first  of  January  of  the  present  year — those 
Rolls  give  me  not  information  of  the  State  of  the  Arms  in  the 
Companies,  and  except  in  Captain  Collins's  Command  the  excess 
of  absence  remains  unaccounted  for — I  am  not  yet  absolutely  Con- 
strained to  make  to  the  General  Government  that  declaration 
which  may  eventually  operate  so  seriously  to  this  people  that 
they  will  not  yield  obedience  to  the  Militia  Law,  though  from 
appearance  to  this  Moment  (with  extreme  pain  I  say  it)  they 
certainly  have  not. 


GOVERNOR  WINTHROP  SARGENT.  217 

If  Sir  your  health  may  without  to  much  hazard  permit,  I 
shall  be  specially  anxious  that  you  Continue  in  the  Command 
of  the  Militia  of  Adams  County  at  least  until  you  are  sufficiently 
informed  to  make  me  official  Statements  whereon  to  form  my 
full  report  to  Government —  the  astonishing  reluctance  to  serv- 
ice which  you  mention  and  the  lack  of  emulation  amongst  our 
Officers,  I  can  not  admit  as  sufficient  Cause  for  Resignation,  or 
indeed  aught  but  very  ill  health,  which  I  pray  God  you  may 
never  have  Occasion  to  offer,  for  most  assuredly  you  will  ac- 
knowledge the  propriety — the  absolute  Necessity  of  a  Militia 
within  the  Territory,  and  my  Duty  Consequent  thereupon  to  have 
in  Command  the  person  best  adapted  to  effect  this  important 
purpose — Confirmed  in  my  own  opinion  of  your  intelligence, 
Integrity,  and  the  Requisites  for  Military  Service,  by  some  of 
the  most  Respectable  Characters  of  our  Government,  I  Commis- 
sioned you  as  the  Lieutenant  Colonel  Commandant  of  the  Militia 
of  Adams  County:  and  it  is  Justice  to  observe,  that  under  all 
the  discouragements  to  exertion,  which  I  can  bear  Witness  have 
been  many  and  great,  you  have  Uniformly  manifested  such  laudi- 
ble  zeal,  and  attachment  to  service,  as  well  as  the  Government 
of  the  United  States  and  Territory,  that  I  believe  very  essential 
to  the  Public  Good  you  should  Continue  in  Militery  as  well  as  Civil 
Commission 

With  very  Respectful  esteem 
I  am  Sir 

your  obedient  humble  servant 

Signed  Winthrop  Sargent — 

Lieutenant  Col.  Daniel  Clarke — 


To  Daniel  Clark, 

The  Grove,  March  27th  1800 
Dear  Sir 

I  delay  Mr.  Kein  but  to  acknowledge  the  Receipt  of  your 
second  Letter  announcing  the  actual  necessity  of  your  Resigning 


218  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

the  Command  of  the  Militia  of  Adams  County,  and  to  express 
most  unfeigned  Regret  that  any  Cause,  but  more  especially  "ill 
and  daily  declining  state  of  health"  should  deprive  the  Territory 
of  an  Officer  whose  abilities  and  zeal,  I  have  Continued  to  honour, 
and  from  whose  services,  I  had  promised  myself  the  fullest  exer- 
tion, to  the  Complete  Organization  and  efficiency  of  the  Militia. 

I  accept  sir  your  Resignation  and  am  with  very  much  esteem 
and  Respect  &c  &c 

Signed  Winthrop  Sargent 

Daniel  Clarke  Esquire — 


To  John  Minor. 

The  Grove  Evening 
gir  of  April  3d.  1800 

From  your  note  of  this  date,  I  write  what  I  have  verbally 
expressed  to  you,  and  I  believe  also  to  Mrs  Minor,  that  the  Major 
at  or  about  the  time  of  his  leaving  this  Country,  offered  to  sell 
Cesar x  to  me  for  the  sum  of  three  Hundred  Dollars,  or  to  Con- 
tinue him  in  Public  Service,  under  my  direction,  and  during  my 
pleasure,  with  such  pay  as  I  might  deem  adequate  Compensation 
He  Sir,  made  no  Stipulation  for  30  Dollars  per  month,  or  indeed 
any  sum  whatever  and  my  Estimate  to  the  Department  of  State 
for  Cesars  Services,  is  but  the  Moity  of  your  Expectation. 

I  am  desirous  of  Promoting  Major  Minors  interest,  and  fully 
satisfied,  that  when  we  meet,  there  will  be  no  difference  of  senti- 
ment upon  this  Business. 

At  present  Public  Service  seems  to  Render  it  essential  that 
Cesar  should  Remain  Subject  to  my  Order —  On  this  Condi- 
tion Sir  you  may  draw  upon  me  in  behalf  of  the  Major,  for  the 
sum  of  three  Hundred  Dollars 
I  am  with  esteem  &c  your 

Obt.  humble  Svt    Winthrop  Sargent 

Mr.  John  Minor- — 

'A  negro  slave,  the  property  of  Major  Stephen  Minor,  who  had  been 
employed  by  Gov.  Sargent  as  an  interpreter  in  his  dealings  with  the  Indians. 


GOVERNOR  WINTHROP  SARGENT.  219 

To  Peter  Bryan  Bruin. 

The  Grove  Natchez 
April  8th   1800. 
Sir 

The  object  of  this  Letter  is  to  Request  of  your  Honour,  En- 
quiry into  the  Proceedings  of  the  Justices  of  the  Courts  of  Com- 
mon Pleas,  and  General  Quarter  Sessions  of  the  peace  of  Pick- 
ering County,  in  Consequence  of  my  Proclamation  of  the  12th  of 
February  directing  and  Requiring  that  their  Sessions  which  in 
Common  Order  would  have  been  held  in  the  third  Week  of  that 
Month,  should  be  postponed  to  the  first  Week  in  the  ensuing 
March —  so  as  to  Correctly  ascertain  if  that  Proclamation  was 
made  known  to  the  Presiding  or  any  other  of  the  said  Justices, 
seasonably  to  have  obtained  the  due  attention —  as  also  into  the 
nature  and  probable  Tendency  of  Certain  Language,  said  to  have 
been  uttered  to  the  Court  of  Quarter  Sessions  of  the  peace,  by 
Mr.  Robert  Knox  a  Member  of  the  Bar,  and  Represented  unto 
me,  as  "Inflammatory  and  Seditious. 

I  should  believe  sir,  that  the  Testimony  of  the  Sheriff  and 
Clerk  would  be  in  Point,  and  enough,  and  it  would  be  agreeable 
to  me  that  the  same  should  be  made  upon  Oath  and  in  the  pres- 
ence of  the  Presididing  Justices  who  has  written  to  me  on  a  part 
of  the  Premisis  (which  I  enclose)  but  which  I  am  a  little  at  a 
loss  to  determine  whether  meant  as  apology  or  insult — 

I  enclose  you  also  the  Statement  made  unto  me,  by  the  At- 
torney General —  Requesting  this  and  Mr  Dixons  Letter  may  be 
returned  and  have  the  honour  to  be 
With  Respectful  esteem — 

your  honours  obedient  humble  servant 

(signed)  Winthrop  Sargent 

Honourable  Judge  Bruin. 


220  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  James  Wilkinson. 

Mississippi  Territory 
The  Grove  near  Natchez 
April  8th  1800— 
Sir 

Public  service  will  probably  require,  that  I  should  Visit  the 
Tombeckbee  Settlements  immediately —  I  am  not  yet  enough 
informed  to  determine  the  safest,  and  most  Expeditious  Route, 
but  at  present  it  seems  eligible  that  I  should  proceed  by  Land — 
and  through  the  Indian  Country —  May  I  sir  Calculate  upon  an 
escort  from  the  Troops  under  your  Command  and  the  Means  of 
Transporting  Baggage  abslutely  necessary  for  such  a  Journey 
from  the  Quarter  Masters  Department,  together  with  the  use  of 
a  Tent. 

With  Respectful  Consideration  and 
Regard  I  have  the  honour  to  be  sir, 

your  obedient  humble  servant 

(signed)  Winthrop  Sargent 
His  Excellency 

General  James  Wilkinson 


To  Lyman  Harding,1  Atty.  for  the  United  States. 

The  Grove  near  Natchez 
Mississippi  Territory 
April  9th-  1800— 
Sir 

It  is  encumbent  upon  me  to  call  your  Particular  and  im- 
mediate attention  to  service  for  the  United  States,  in  my  View 
at  this  Juncture,  highly  important  to  National  Dignity  and  In- 
terests and  specially  essenial  to  the  safety  and  Welfare  of  the 
Good  people  of  this  Territory —  'Tis  legally  to  Effect  the  Resto- 
ration to  my  Order  for  the  Use  of  Government,  of  an  Indian 
Interpreter  who  has  been  forcibly  withdrawn  from  his  Duty, 
'Lyman  Harding,  first  Attorney-General  of  Mississippi  Territory. 


GOVERNOR  WINTHROP  SARGENT.  221 

by  a  Mr.  John  Minor  and  a  Mr.  Nolan  *  now  Residing  within 
this  Territory  and  in  direct  Violation  of  express  stipulation 
Verbally  made  with  his  Master,  by  myself  in  behalf  of  the  United 
States:  your  application  will  no  doubt  be  to  one  of  the  Terri- 
Territorial  Judges  and  that  you  may  urge  sir  upon  the  indispensi- 
ble  necessity  for  this  Measure,  that  causes  of  Mutual  Complaint 
and  Crimination  are  almost  every  day  arising  between  the  White 
and  Red  people,  absolutely  Requiring  the  services  of  an  Interpre- 
ter for  amicable  adjustment —  and  that  I  am  not  authorized  to 
employ  any  other  than  the  one  I  demand  Indeed  that  I  know 
of  no  other  adequate  to  the  purpose  who  could  be  engaged,  and 
that  from  his  detention  therefore,  will  probably  accrue  very 
serious  and  alarming  Consequences —  His  name  is  Cesar,  He  was 
placed  under  my  direction,  in  the  service  of  the  United  States, 
in  the  October  of  1798 — by  Mrs —  Minor,  her  husband  (his 
Master)  being  then  absent,  and  upon  his  return  very  soon  after, 
I  Received  from  him  positive  assurance  that  he  should  Continue 
in  Public  Service  during  my  pleasure,  for  a  Compensation  which 
he  fully  submitted  to  me  to  name,  and  which  I  fixed  at  fifteen 
Dollars  per  Month —  the  highest  Wages  I  had  known  to  have  been 
given  to  a  Prime  slave,  and  made  my  Report  to  the  proper  De- 
partment Accordingly —  To  all  which,  I  am  ready  to  make  sol- 
emn Oath. 

With  much  esteem  I  am,  Sir, 
your  obedient 

humble  servant 

Signed  Winthrop  Sargent 
Mr.  Harding  Attorney 

for  the  United  States  and  Mississippi  Territory 

Postscript  to  the  foregoing 

April  11th —  Evening — 

I  open  this  Letter  sir,  to  add  through  you  for  the  information 
of  the  Judges,  that  from  an  affray  between  some  Indians  and 
White  people,  death  will  probably  ensue  to  one  of  the  former, 

1  Philip  Nolan,  a  protege  of  Gen.  Wilkinson. 


222  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

who  are  now  numerous  in  the  Country  and  threaten  Vengeance 
—  My  interference  can  not  be  made  for  want  of  an  Interpreter — 


To  James  Wilkinson. 

April  10th—  1800— 

The  Governour  Acknowledges  with  thanks  General  Wilkin- 
sons proffer  to  postpone  the  Funeral  Honours  ordered  by  the  Pres- 
ident of  the  United  States  to  be  paid  for  the  very  eminent  Serv- 
ices of  its  Revered  Chieftain  deceased1 —  The  day  proposed  is  as 
Convenient  to  the  Governour,  as  any  other  which  might  be  named, 
though  the  place  and  embarrassments  to  its  approach,  with  the 
impracticability  of  there  accommodating  the  Militia,  and  other 
Citizens  whose  Love  and  Gratitude  might  ensure  attendance 
would  induce  solicitation  that  the  ground  of  Ceremonial  on  this 
Occasion  of  General  Sorrow,  might  be  more  equally  Convenient 
to  every  feeling  heart  within  this  Territory,  but  that  he  believes 
the  intention  of  Government  as  it  relates  to  this  people,  has  been 
substantially  fulfilled ;  for  upon  the  late  anniversary  of  that  pro- 
pitious day,  which  gave  birth  to  the  so  illustrious  deceased,  a 
procession  of  the  Militia,  and  Unarmed  Citizens  was  made  to 
the  Church  at  Natchez — Minute  Guns  were  fired  from  the  Fort — 
They  were  Joined  by  the  Regular  Troops,  and  Together  Mingled 
their  Tears. 

General  James  Wilkinson — 


To  William  Vousdan. 

6.0  Clock.  Morning 
of  the  12th-  of  April  1800 
Sir 

Your  information  of  the  Unfortunate  affray  of  yesterday 
Morning  is  to  me  particularly  distressing  at  this  Moment,  for 

George  Washington. 


GOVERNOR  WINTHROP  SARGENT.  223 

I  am  without  an  Interpreter,  and  can  not  therefore  take  any 
direct  Means  at  present,  to  oppose  the  Resentments  of  the 
Indians —  Your  proceeding  with  Respect  to  Jones,  I  hope  may 
have  the  Effect,  so  fully  to  illustrate  this  Matter,  that  hereafter 
I  may  formally  state  to  the  Indians,  some  Extenuating  Circum- 
stances which  the  bearer  Represents,  and  Mollify  their  Resent- 
ments for  the  Death  which  may  ensue —  I  wish  Depositions  in 
due  form  to  be  taken,  and  furnished  me,  and  perhaps  it  may  be 
well  to  call  to  your  assistance  some  other  Magistrate,  as  the 
Event  may  involve  National  Consequences. 

I  pray  of  you  and  every  Magistrate,  and  Good  Citizen,  that 
Effectual  exertion  may  be  made  to  bring  to  Justice  those  people 
who  Violate  the  Laws  "  to  prevent  supplying  the  Indians  With 
ardent  Spirits." 

I  have  the  honour  &c  &c- 

( signed)  Winthrop  Sargent — 

William  Vousdan  Esquire 


To  Mr.  King. 

Natchez  Thursday 
Noon  of  April  17th—  1800 
Sir 

I  learn  this  Moment  with  extreme  sorrow  and  much  appre- 
hension for  our  Inhabitants,  knowing  the  Savage  Disposition  to 
Retaliation  that  the  poor  Indian  Wounded  on  the  11th-  will  die — 
I  am  without  an  Interpreter,  and  therefore  can  not  Talk  with 
those  people,  but  informed  that  you  in  some  Measure  Communi- 
catee—  I  have  to  desire  you  would  assure  them  that  the  man  Com- 
mitting this  act  is  in  Prison  and  in  Irons,  and  make  them  Com- 
prehend, that  he  will  Receive  a  very  solemn  and  formal  Trial — 
I  wish  to  know  where  the  Indian  is  at  present,  and  the  exact 
state  of  his  Wounds,  and  to  make  arrangements  for  burying  him 
if  he  should  die — if  you  could  find  it  Convenient  to  ride  to  this 
place  I  should  be  glad  to  Converse  with  you — I  will  give  a  Talk 


224  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

to  the  Chiefs  most  interested  in  this  unfortunate  Business,  if 

I  can  by  any  means  whatever  make  myself  understood — 

I  am  Sir 

your  most  obedient  humble  servant 

(signed)    Winthrop  Sargent 
Mr.  King-  near  Natchez 


From  the  Governour. 

Notice  is  hereby  communicated  to  the  Honourable  the 
Territorial  Judges,  of  his  intention  to  Convene  them  in  their 
legislative  Capacity  at  the  Government  House  Natchez  9-  0  Clock 
A.M.  upon  Monday  the  fifth  of  May  next  ensuing — 

Thursday  Apl.  17th—  1800 
Witness  Peter  Walker 
for 
John  Steele  Secretary  — 


To  John  Girault. 

Natchez  April  17th—  1800 
Sir 

The  absence  of  Colo.  Steele  has  prevented  in  some  Measure 
the  early  attention  to  those  Commissions  you  allude  to  but  they 
will  not  much  longer  be  neglected. 

I  pretend  not  to  any  Controul  over  the  Records  of  the  Court — 
It  seems  to  me  they  should  be  as  Convenient  as  practicable  to 
the  place  of  sitting —  I  believe  your  apprehension  of  the  Eject- 
ment of  the  United  States  soon,  or  ever,  is  not  well  founded. 
With  much  esteem  I  am 
Sir 

your  humble  servant 

(signed)    Winthrop  Sargent 
Colo.  John  Girault 

Pickering  County — 


GOVERNOR  WINTHROP   SARGENT.  225 

To  James  Wilkinson. 

Mississippi  Territory 
The  Grove  April  19th..   1800— 

Yesterday  Sir  I  was  honoured  with  your  letter  of  the  12th . . 
instant  upon  the  subject  of  a  demand  for  two  Spanish  deserters 
&c-  which  I  shall  take  the  very  earliest  opportunity  of  laying 
before  the  Secretary  of  State,  to  receive  the  Orders  of  Gov- 
ernment thereupon,  without  which  I  dare  not  take  any  Measures, 
that  might  be  Construed  into  an  attempt  to  affect  the  National 
Right  or  intention  of  general  or  particular  asylum —  In  all  Con- 
stitutional endeavours  I  am  I  assure  you  most  promptly  at  your 
service,  and  extremely  Regret  the  want  of  Power  to  order  the 
instant  surrender  of  those  so  abandoned  Men. 

Major  Cushing's  long  letter,  which  you  have  thought  proper 
to  enclose  me,  I  have  hastily  run  over —  I  know  not  if  any  obser- 
vations thereupon  from  me  are  expected —  The  present  pro- 
vision, founded  upon  my  embarrassments,  and  declarations  there- 
of, I  trust  will  be  enough  for  the  future,  which  was  all  I  had  to 
request,  and  I  pray  that  no  "  Misunderstanding  or  informality" 
of  mine,  may  ever  deprive  the  Public  of  the  Benefit  thereof. — 

The  Message  which  it  seems  was  intended  me  by  the  Major 
through  Mr.  Brownson,  I  have  no  recollection  ever  to  have  Re- 
ceived—  and  I  should  take  shame  to  myself  for  any  lack  of  at- 
tention or  honour  to  the  Major,  or  any  other  Officer  Civil  or 
Military,  with  whom  I  must  Necessarily  Negociate —  and  sooner 
than  permit  public  interests  to  suffer  would  at  any  time  Conde- 
scend to  solicit  from  a  Constable  or  Corporal —  Ignorant  of 
army  detail,  and  the  Majors  General  Orders,  I  have  it  seems 
Erroniously  addressed  provision  Returns  to  Fort  Sargent  in- 
stead of  Mulberry  Vale,  to  my  own  embarrassment  and  Public 
injury —  If  hereafter  I  should  so  again  chance  to  Err,  National 
Considerations  will  I  hope  induce  that  I  be  put  Right  as  imme- 
diately as  possible. 

As  you  are  sir,  so  soon  to  leave  the  Territory,  I  take  this 
Occasion  to  Solicit,  that  the  officer  who  may  be  left  in  Command 

15 


226  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

receive  your  instructions  to  furnish  arms  and  ammunition  for 
the  Militia  upon  my  application,  which  will  be  made  only  on  great 
emergency —  They  are  almost  totally  destitute,  and  it  seems  prob- 
able, that  their  Military  Services  may  be  required  — Our  situa- 
tion at  present  is  more  than  a  little  alarming  and  it  is  unneces- 
sary for  me  to  observe  to  you  upon  the  present  Disposition  of  the 
Savages,  or  that  they  have  become  much  more  assuming  and  In- 
solent since  the  evacuation  of  the  Posts  above —  by  one  of  your 
Officers  I  am  very  Credibly  informed  they  have  menaced  to  kill 
the  Cattle  of  the  Inhabitants  at  the  Walnut  hills,  and  to  burn  the 
Buildings.  If  sir  it  was  within  your  Power,  to  establish  two  or 
three  small  Posts  upon  the  Frontier  of  this  Territory,  near  the 
Grindstone  Ford  upon  the  Bayou  Peirre,  and  other  General  Ave- 
nues for  the  Indians,  and  you  would  exercise  such  power,  it  might 
ensure  quiet,  and  Confidence  for  the  Inhabitants,  and  avert  a 
War  Ruinous  to  all  the  Agricultural  Interests  of  the  Mississippi 
Territory  with  the  Evil  of  most  enormous  Expense  to  the  Nation. 
I  have  the  honour  to  be  with  Respectful  Consideration 
Sir, 

your  obedt.  hmble  servant 

(Signed)   Winthrop  Sargent 
General  James  Wilkinson 


To  Captain  Smith  and  his  Officers. 

The  Governour  Replies  to  the  Notice  of  Resignation  from 
Captain  Smith  and  his  Officers  which  he  has  Just  now  received, 
that  the  same  must  be  made  through  sub-Legionary  to  the  County 
Commandants,  in  order  that  those  officers  may  at  all  times  be 
informed  of  the  state  of  their  Corps —  The  ill  and  declining 
State  of  Colo.  Clarks  health,  having  deprived  the  County  of  his 
services,  Major  Osmun  is  the  senior  officer. 


GOVERNOR  WINTHROP  SARGENT.  227 

With  these  Observations  the  Governour  sends  back  the  Com- 
missions, wishing  to  Captain  Smith  and  his  Officers,  much  health 
and  prosperity. 

The  Grove  Evening  of  April  21st. .  1800 


Deposition  of  Gov.  Sargent. 

April  21st  . .  1800-  Natchez. 

Winthrop  sargent  Deposeth  that  Cesar  a  Black  man,  and 
slave  of  Major  Stephen  Minor  was  taken  into  the  service  of  the 
United  States  under  his  order  by  permission  of  Mrs.  Minor  in 
the  October  of  1798,  the  Major  being  then  absent,  and  that  it 
was  understood  to  the  best  of  his  Recollection  that  the  said  In- 
terpreter, was  to  Receive,  or  Rather  his  Master  for  him,  equal 
Wages  to  any  that  were  then  given  to  Slaves  within  the  Missis- 
sippi Territory. 

That  soon  after  upon  the  return  of  Major  Minor  the  De- 
ponent proposed  to  him,  some  stipulation  for  Cesars  Services, 
when  the  Major  of  his  own  free  will  and  accord  proffered  to 
sell  him  to  the  Deponent  for  the  sum  of  three  hundred  Dollars 
or  Continue  him  in  the  service  of  the  United  States,  at  such 
wages  as  he  the  said  Deponent  might  think  adequate  Compen- 
sation for  his  services —  Adding  to  the  Deponent  that  if  he  should 
not  incline  to  purchase  him,  he  requested  he  would  Continue 
him  in  the  Public  Service,  as  long  as  he  Could  and  obtain  lor  him 
as  high  Wages  as  he  believed  him  to  deserve —  In  Consequence 
of  Which  the  Deponent  has  actually  reported  him  to  the  Secre- 
tary of  the  War  Department  as  the  slave  of  the  said  Major  Minor, 
and  engaged  as  Indian  Interpreter  for  the  sum  of  fifteen  Dollars 
per  month  and  to  be  Continued  such  during  the  pleasure  of  the 
Secretary —  the  Wages  at  the  Time  they  were  fixed  by  the  De- 
ponent, being  equal  or  more  than  any  he  had  ever  known  to  have 
been  given  for  a  Prime  Slave  within  the  Mississippi  Territory; 
for  if  his  information  be  Correct  from  such  sum  was  always 


228  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

subtracted  under  the  Spanish  Government  a  Certain  part  for 
subsistance. 

The  above  agreement  has  been  long  since  reported  to  the 
Concerned  at  present  within  the  Territory  and  permission  given 
to  draw  upon  the  Deponent  on  account  of  Cesars  Services. 

(Signed)  Winthrop  Sargent — 


Appointment  of  Militia  Officers. 

His  Excellency  the  Governor  was  pleased  to  make  Promotions 
and  Appointments  in  the  Militia  of  the  County  of  Pickering  as 
follows  viz — 

Captain  William  Thomas,  to  be  Major  of  Cavalry 

Lieutenant  James  Truly  to  be  Captain 

Cornet  James  Spane  to  be  Lieutenant, 

and  Mr.  Jacob  Stampley  to  be  Cornet  of  Cavalry. 

Thomas  White  senior  to  be  Captain 

William  Smith  of  Baie  Peirre  Lieutenant 

and  James  Arbuthnot  Ensign  of  Infantry  at  Baie  Peirre — 

Moses  Bonner  Ensign  in  Lieu  of  William  Collins  resigned 

To  each  of  whom  according  to  their  Several  Grades  he  issued 
a  Commission  in  the  usual  form,  and  dated  the  23d.  of  April  1800. 

He  was  also  pleased  to  appoint  and  Commission  in  the  usual 
form  John  Hinds  a  Justice  of  the  peace  for  the  County  of  Pick- 
ering, bearing  date  the  23d  of  April  1800. 

He  was  also  pleased  to  appoint  Jesse  Harper  Esquire  Coroner 
for  the  County  of  Pickering  to  whom  he  granted  a  Commission 
in  the  usual  form  dated  the  23d.  of  April  1800 — 


To  John  Minor. 


Mississippi  Territory 
The  Grove  April  27th..   1800 
In  Consequence  of  Mr.  Minors  note  Received  last  Evening 
the  Governour  observes  to  him,  that  from  the  Circumstance  of 


GOVERNOR  WINTHROP  SARGENT.  229 

Cesar's  (the  Interpreter)  being  forced  from  the  service  of  the 
United  States,  to  much  probable  Public  damage,  it  is  impossible 
for  him  to  say,  that  Government  will  ever  pay  for  him  the  Wages 
proposed  in  the  said  note  or  indeed  any —  It  is  possible  they  may 
order  some  Measures  unpleasant  to  the  Concerned  to  be  taken 
upon  this  Occasion —  All  that  the  Governour  can  do,  is  to  give 
a  Certificate  of  Time  of  service,  which  with  a  Relative  Statement 
of  Facts,  shall  be  transmitted  to  the  proper  Department  in  Phila- 
delphia where  Major  Minor  himself  will  probably  meet  it,  and 
have  it  in  his  Power  to  adjust  the  Business. 


To  John  Girault. 

Private 

Mississippi  Territory 

The  Grove  April  27th..  1800 
The  Governour  has  received  and  acted  almost  intirely  from 
Colo.  Giraults  Recommendations  in  present  appointments,  (Com- 
missions upon  which  are  enclosed)  and  desires  if  he  be  not  fully 
satisfied  of  the  fitness  of  any  one  Character,  that  he  would  with- 
hold the  Commission —  What  is  Mr.  Bonners  Reputation?  have 
there  not  gone  abroad  evil  reports  of  him?  if  so,  it  should  suffi- 
ciently appear  they  have  no  foundation  in  Facts,  or  he  must 
not  be  Commissioned. 
Col  John  Girault. 

Pickering  County — 


Address  to  Territorial  Judges. 

His  Excellency  the  Governor  delivered  to  the  Honourable 
Territorial  Judges  when  Convened  in  their  Legislative  Capacity 
an  address  in  the  following  words  Viz.1 

1  This  Is  probably  the  first  message  to  the  law-making  power  of  Mis- 
sissippi Territory. 


230  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  the  Honourable  Judges  of  the 

Mississippi  Territory. 
Gentlemen, 

The  opportunity  you  have  had  for  practical  Knowledge  of 
the  effect  of  the  Laws  which  we  have  adopted  and  made,  will 
best  determine  you  upon  the  necessity  of  addition,  repeal,  or 
amendment;  in  which,  and  in  every  measure  salutary  to  the 
quiet  and  Welfare  of  the  Territory,  and  not  incompatible  with 
our  official  Duty,  I  trust  we  shall  very  Cordially  Unite. 

Amongst  the  Laws  which  we  have  already  adopted  and  Pub- 
lished two  only  ( in  my  View)  can  by  any  Torture  of  Construction 
seem  to  Militate  with  the  Constitution  and  Laws  of  the  United 
States.  Treason  as  a  Crime  tending,  probably,  to  involve  more 
fatal  Consequences  upon  this  Frontier,  than  in  almost  any  other 
part  of  the  Union,  should  Certainly  be  guarded  against  by  the 
most  energetic  Constitutional  Measures ;  but  the  very  appearance 
of  others  (though  persuaded  they  would  be  null  in  your  Judicial 
Decisions)  I  am  anxious  should  be  Expunged  from  our  statutes.1 
I  am  inexpressibly  pained  and  Candidly  I  make  the  acknowledge- 
ment, that  we  have  unintentionally,  Committed  ourselves  in  such 
appearance —  I  say  unintentionally,  because  I  am  persuaded  it 
was  your  meaning,  as  it  was  mine,  to  have  perfectly  accorded 
with  that  Standard,  which  it  is  our  duty  to  revere.  Whether  this 
Error  has  originated  in  ourselves,  or  in  transcribing,  Responsi- 
bility is  with  us:  and  the  only  amends  in  our  Power,  are  im- 
mediately to  Repeal  so  much  of  the  Law  to  provide  against 
Treason,  and  Arson,  as  might  be  deemed  to  extend  "  forfeitures" 
beyond  the  lives  of  persons  attainted. 

I  take  the  Occasion  Gentlemen  of  our  present  meeting,  to 
lay  before  you  several  addresses  from  sundry  Inhabitants  of  the 
Territory  to  the  Governour,  and  to  the  Governour  and  Judges, 
upon  the  administration  of  this  Government,  by  the  Executive, 

1  The  statute  against  treason  was  in  conflict  with  the  Constitution  of 
the  United  States,  in  that,  it  provided  forfeiture  of  blood  and  estate  as  a 
penalty. 


GOVERNOR  WINTHROP  SARGENT.  231 

and  Legislature,  as  it  relates  to  the  Executive  I  have  taken  upon 
myself  Responsibility;  and  the  reply  of  the  Legislature  as  it 
was  made  in  the  absence,  and  of  Course,  without  the  express 
Concurrence  of  one  of  your  honours,  is  at  this  time  again  submit- 
ted for  such  further  Notice  as  may  be  deemed  meet.  The  Ques- 
tion made  by  these  addresses  of  our  Right  to  frame  Laws,  which 
they  unadvisedly  assert  we  have  done  in  all  cases,  has  not  effected 
any  alteration  in  my  sentiment,  and  having  never  been  otherwise 
instructed,  I  shall  not  hesitate  in  Concurring  to  make  any  salu- 
tary Laws;  though  from  a  Disposition  to  accommodate,  I  would 
prefer  exact  adoption  from  any  of  the  original  state  whenever 
such  provision  might  sufficiently  apply. 

Since  the  last  meeting  of  the  Legislature,  I  have  received 
the  Laws  of  new  Hampshire,  North  Carolina  and  Kentucky,  and 
in  July  of  1799  a  Volume  from  Connecticut  and  Virginia,  but  of 
very  old  date;  all  which  I  have  the  honour  now  to  lay  before 
you.  From  the  Cursory  View  thereof,  which  my  many  avoca- 
tions have  as  yet  permitted,  I  cannot  pretend  to  Recommend  for 
adoption  any  particular  Statute;  though  my  own  Observation, and 
the  Experience  of  some  of  the  best  informed  people  of  the  Country 
go  to  prove  Legislative  provision  in  sundry  matters  of  Moment  at 
this  Time  very  essential. 

The  Laws  to  prevent  furnishing  ardent  Spirits  and  intoxicat- 
ing Liquors  to  Indians  and  Slaves  have  not  been  found  sufficient 
—  Consequences  ensue  of  a  very  alarming  Nature:  and  unless 
we  may  apply  an  immediate  remedy,  it  is  more  than  probable 
this  Country  will  very  soon  be  involved  in  an  Indian  War,  for  the 
frequent  affrays  which  happen  and  the  Violence  thereof  are  Mat- 
ters of  Notoriety. 

The  Militia  of  the  Territory  seem  to  require,  more  Compul- 
sory Measures  for  efficiency,  in  relation  to  Commissioned  Offi- 
cers, as  well  as  privates  than  have  been  yet  adopted. 

Some  Provision  has  been  earnestly  solicited  that  Lands  should 
be  made  liable  to  satisfy  Just  debts,  where  there  is  no  other 
visible  property. 


232  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

We  are  requested  to  prohibit  by  Law,  the  Slaves  within  the 
Territory  from  raising  or  Vending  of  Cotton,  which  is  permitted 
by  some  few  Planters  to  the  probable  injury  of  most  of  them: 
for  it  is  urged,  and  with  truth  that  this  kind  of  Property,  will 
necessarily  always  be  exposed  to  theft,  which  if  slaves  shall  be- 
come dealers  in  Cotton,  it  will  be  impossible  to  guard  against. 
As  Connected  immediately  with  this  subject,  and  promoting  im- 
proper intercourse  between  the  Negroes  and  those  who  may  be 
disposed  to  engage  with  them  in  illicit  traffic,  I  submit  to  your 
honours  the  propriety  of  further  Provision  against  Slaves  hold- 
ing property  in  horses,  by  a  sufficient  penalty  upon  the  Masters, 
or  owners  who  shall  knowingly  permit  it. 

Thus  Gentlemen  I  have  taken  leave  in  that  order  of  impor- 
tance, which  they  seem  to  present  to  my  mind,  to  state  to  your 
honours  some  matters  demanding  your  attention  as  Legislators : 
and  hope  to  receive  from  you  such  Communications  the  Result  of 
your  Judicial  Experience  that  we  may  be  duly  qualified  in  this 
important  Duty. 

It  is  encumbent  on  me  Gentlemen  also  at  this  time  to  state 
to  you  that  the  Justices  in  the  County  of  Pickering  have  held 
the  inferior  Courts  of  the  last  Term  contrary  to  Law;  as  an  act 
to  legalize  proceedings  therein,  so  far  as  to  restore  the  due  order 
of  process  in  those  Courts  may  be  deemed  most  meet,  I  submit  to 
you  for  further  information  upon  this  subject  a  Letter  from  the 
Attorney  of  the  United  States  and  Territory  upon  the  necessity 
of  postponing  the  session  for  the  due  administration  of  Justice — 
My  Consequent  Proclamation  —  a  Certified  Copy  of  the  Records 
of  proceeding  of  the  Justices —  a  Letter  to  the  Honourable  Judge 
Bruin —  and'some  depositions  made  before  his  honour. 

(Signed)   Winthrop  Sargent 

Natchez  May  5th—  1800. 


GOVERNOR   WINTHROP   SARGENT.  233 

To  Samuel  Dexter. 

Mississippi  Territory 
May  14th-  1800. 
Sir 

In  August  of  1799  I  communicated  to  you  my  sentiments 
upon  the  absolute  Necessity  of  keeping  an  Indian  Interpreter  in 
Constant  pay  (which  Events  of  almost  every  day  abundantly 
Justify)  and  that  in  Conformity  to  that  rigid  Economy  pre- 
scribed me,  I  had  employed  a  Slave  of  Major  Minors  sufficiently 
Competent  in  ability,  and  to  be  Continued  during  your  pleasure 
at  fifteen  dollars  per  Month  —  At  that  time  and  to  the  present, 
One  other  fit  Character  only,  has  been  in  my  View —  his  services 
are  uncertain,  and  if  to  be  obtained,  would  probably  be  estimated 
at  a  very  high  rate,  but  under  the  sufferings  of  this  people  from 
an  host  of  Indians  always  preying  upon,  and  sometimes  insult- 
ing them,  and  being  without  an  Interpreter,  I  may  find  it  expe- 
dient to  demand  them,  for  which  and  the  Compensation  Govern- 
ment will  admit,  I  make  my  application  to  you  sir  for  instruction. 

The  Negro  Interpreter  has  been  taken  from  his  Duty,  by  a 
Mr.  Nolan1  a  dealer  in  horses  who  means  to  use  him  for  their 
safe  passage  through  the  Indian  Country  to  Kentucky — ;  a  Mr. 
John  Minor  acting  as  attorney  for  his  Brother  the  Major  having 
sold  him  for  such  purpose,  in  Violation  of  his  Brothers  parol  en- 
gagement, that  he  should  Continue  under  my  direction  as  Indian 
Interpreter  during  the  pleasure  of  Government.  An  essay  was 
made  to  detain  him,  by  application  to  one  of  the  Territorial 
Judges  through  the  Attorney  for  the  Territory,  but  has  been 
ineffectual.  More  energetic  Measures  might  perhaps  have  been 
Justifiable  upon  the  Occasion,  but  from  the  present  apparent 
disposition  of  this  people,  were  deemed  inexpedient —  To  Judicial 
decision  I  owe,  and  have  yielded  Respectful  obedience,  though  I 
cannot  sacrific  the  Faith,  that  Law  Necessity,  and  our  particular 
Constitution  might  have  amply  Warranted  this  Interpreters  hav- 
ing been  instantly  Remanded  to  public  Duty. 

'Philip  Nolan. 


234  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

A  demand  has  been  made  for  thirty  Dollars  per  month  for  his 
services,  an  imposition  upon  the  Public  I  could  not  suffer,  and 
in  Consequence  an  Action  is  Commenced  against  me,  as  for  a 
Private  Contract  in  the  Court  of  Common  Pleas,  Adams  County 
Mississippi  Territory,  where  'tis  more  than  probable,  interest 
and  local  Policy,  may  influence  unduly —  Is  it  not  Proper  Sir, 
that  this  Matter  should  be  removed  to  the  Supreme  Court  of  the 
United  States,  they  Certainly  being  a  party.  Will  you  be  pleased 
to  submit  the  same  to  the  Attorney  General,  and  if  such  should 
be  his  opinion,  transmit  to  tljis  Country,  the  proper  precepts — 
Much  more  sir  depends  upon  this  Question  of  Jurisdiction  than 
what  is  immediately  involved  in  the  subject  now  before  you. 

I  take  leave  for  the  more  full  information  of  the  Attorney 
General  and  yourself  in  the  Business  to  enclose  Sunday  papers 
in  relation  thereto. 

No.  1  is  a  Letter  from  Mr.  John  Minor  stating  that  he  should 
sell  the  Interpreter,  provided  I  would  not  engage  him  for  one 
year  at  thirty  Dollars  per  Month,  although  I  had  some  Considera- 
ble time  before  advertised  him  of  Valuing  his  Services  at  fifteen 
only,  to  which  he  then  made  no  objection. 

No.  2  My  Response. 

No.  3.  Notice  of  having  sold  him,  and  desiring  I  should  deliver 
him  up,  in  Consequence  of  Which,  I  called  upon  him,  stated  the 
importance  of  his  Remaining  in  service —  That  I  would  make  any 
representation  he  might  ask  to  the  secretary  of  War,  for  increase 
of  his  Wages,  or  to  obtain  his  dismission,  if  that  was  most  agree- 
able, but  that  I  should  not  willingly  suffer  his  Departure  without 
the  Secretary's  leave —  having  reported  him  in  Public  Service 
and  was  given  to  understand,  that  endeavours  should  be  made  to 
Continue  him  to  my  order  and  Governments  use — 

No.  4  Mr.  Minors  letter  handed  me  by  the  Mr.  Nolan  before 
mentioned,  who  ordered  and  took  away  the  Interpreter. 

No.  5.  My  Letter  to  the  Attorney  for  the  United  States  and 
Territory  within  this  Government  and  a  deposition  subscribed, 


GOVERNOR  WINTHROP  SARGENT.  235 

though  not  sworn  to,  and  which  I  understood  was  admitted  as 
a  true  Statement  by  Mr.  Minor  before  one  of  the  Judges 

No.  6.    A  Letter  from  Mr.  Minor  Containing  an  account  for 
the  Interpreters  services,  and  demanding  payment. 
No.  7.  Reply  to  No  6. 

I  cannot  close  this  letter  without  doing  the  Justice  to  Major 
Minor  to  Observe  that  I  verily  believe  he  will  pointedly  Reprobate 
this  Conduct  of  his  Attorney,  and  that  he  is  Totally  uninformed 
thereof. 

I  have  the  honour  to  be  with  the  highest  respect  sir, 
your  obedient  humble  servant, 

(Signed)  Winthrop  Sargent. 
The  Honourable  Secretary  of  War. 


To  Judges  Bruin  and  Tilton. 

Morning  of  May  19th..  1800- 
The  Governour  late  last  night  received  from  the  Honourable 
Judges,  Bruin  and  Tilton,  a  Bill  to  render  legal  the  proceedings 
of  two  Justices  of  the  Court  of  Common  Pleas,  Pickering  County 
in  "adjournment  ("as  well  as  other  Proceedings  of  the  two  Jus- 
tices") instead  of  a  Bill  to  legalize  the  Proceedings  of  the  Gen- 
eral Quarter  Sessions,  Contrary  to  Proclamation  founded  on  Law, 
as  well  as  the  illegal  holding  and  adjournment  of  the  Common 
Pleas.  Upon  this  subject  believing  it  of  much  importance  the  Gov- 
ernour so  abundantly  dilated  in  his  first  meeting  the  Judges  in 
their  present  session  that  he  can  have  nothing  to  add.  He  re- 
quests their  honours  to  return  him  the  Bill  he  laid  before  them 
in  Point  to  the  Premises,  with  their  objections  in  Writing —  as 
he  is  particularly  anxious,  that  at  a  Crisis  from  which  the 
Validity  of  all  subsequent  Proceedings  of  those  inferior  Courts 
may  be  Questioned  his  Conduct  and  proceedings  should  be  ad- 
judged from  their  own  Merits. 

The  Bill  from  the  Judges  is  returned,  the  same  (in  the  Gov- 
ernors opinion)  tending  Prominently  to  Countenance  an  oppo- 


236  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

sition  to  a  salutary  Provision  in  the  Laws  of  this  Territory,  sub- 
mitted to  Congress  ten  years  since,  by  their  North  Western  Ter- 
ritory, and  again  from  this  Government,  and  of  Course  to  be  sup- 
posed sanctioned,  by  their  approbation.  The  Governour  most  un- 
fieignedly,  as  well  as  respectfully  assures  their  honours  Judges 
Bruin  and  Tilton,  that  it  is  with  no  inconsiderable  degree  of  Diffi- 
dence and  Regret,  he  feels  himself  Constrained  to  dissent  from 
them  in  Questions  of  Law,  and  Constitutional  propriety. 
The  Honourable  Judges  Bruin  and  Tilton 


To  John  Marshall. 


No.  32.  Missisippi  Territory 

June  1st. .  1800. 

I  herewith  transmit  you  a  rough  sketch  of  the  Buildings  at 
the  Villa  Gayoso,  Pickering  County,  with  two  Letters  from  John 
Girault  Esquire  Lieutenant  Colo.  Commandant  of  the  Militia 
there,  relative  to  the  Claim  of  a  Mr.  Green  for  the  same  and  the 
Lands  upon  which  they  are  situated, —  also  a  letter  of  Mr.  Hard- 
ing whom  I  have  appointed  to  prosecute  the  Pleas  of  the  United 
States  and  Territory.  Mr.  Hardings  Statement  and  Colo.  Gir- 
ault's  Letters  are  so  full  upon  this  subject,  which  I  have  before 
taken  leave  to  introduce  to  you,  that  I  add  only  to  impress  more 
forcibly  the  importance  of  the  Question  of  Territorial  Jurisdic- 
tion over  the  Claims  of  the  United  States  within  our  Government, 
which  I  very  believe  would  involve  the  fate  of  much  Valuable 
landed  Property,  and  other  interesting  matter — 

I  need  not  mention  to  you  that  the  Object  of  this  Letter  is 
to  obtain  in  form  the  opinion  of  the  Attorney  General,  and  Coun- 
sel for  future  proceedings,  which  I  presume  may  be  more  prop- 
erly solicited  by  you  than  in  direct  application  from  myself, 
and  which  Considering  his  many  important  avocations —  and  the 
uncertainty  of  so  timing  an  address,  as  least  to  Hazard  intrusion 
upon  indispensible  Duty  I  forbear  to  make — 


GOVERNOR  WINTHROP   SARGENT.  237 

Through  your  obliging  agency  Sir  I  will  hope  to  be  speedily 
enough  informed,  and  have  the  honour  to  be,  Sir 
your  obedient  humble  servant 

(Signed)   Winthrop  Sargent 
The  Honourable  Secretary  of  State — 


To  Samuel  Dexter. 


Mississippi  Territory 

June  1st. .   1800- 
Sir 

I  believe  it  a  Duty  to  submit  the  enclosed  letter  from  a  Magis- 
trate of  Adams  County  to  your  Consideration,  with  this  observa- 
tion, that  since  my  arrival  within  the  Territory  there  seems  to 
have  been  a  growing  insolence  in  the  Choctaw  Indians,  which  I 
apprehend  will  terminate  in  hostility —  Relying  upon  promises  of 
Charity,  made  for  Government  by  Mr.  Ellicott,  and  my  assurance 
to  recommend  them  (as  I  have  done)  for  National  Bounty,  they 
have  hitherto  been  in  some  measure  forbearing,  but  impatience 
more  and  more  Indicates  itself,  and  extends  to  insult,  and  dep- 
redations upon  our  little  fields  and  other  property,  aggravating 
to  the  Planters  Generally,  and  in  which  my  own  interests,  and 
sympathies,  have  a  full  share — 

With  much  Respectful  Consideration 
I  have  the  honour  to  be  sir 

your  obedient  humble  servant 

(Signed)  Winthrop  Sargent 
The  Honourable  Secretary  of  War. 


238  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

PROCLAMATION, 

By   Winthrop Sargent 

Governour   of  the 

Mississippi     Territory.1 

To  all  persons  who  shall  see  these  presents — G  r  e  e  t  i  n  g 

Whereas  it  has  been  directed  by  the  Sovereign  au- 
L.  S.  thority  of  the  United  States,  that  for  the  due  Execution 
of  Process,  Civil  and  Criminal  within  this  Territory, 
the  Governour  shall  make  proper  Devisions  thereof,  and  from 
time  to  time  as  Circumstances  Require,  lay  out  the  same  into 
Counties,  and  Townships,  subject  to  future  alteration,  as  may 
be  directed,  and  it  apearing  to  me,  that  the  Divisions  already 
made,  cannot  extend  to  the  Inhabitants  upon  the  Tombeckbee, 
and  other  Eastern  Settlements  equal  administration  of  Justice, 
I  have  thought  proper  therefore  to  Erect  a  new  County,  and  by 
these  Letters  made  Patent,  do  ordain  and  order,  that  all  and  Sin- 
gular the  Lands  Lying  and  being  within  the  following  Bounda- 
ries viz.  The  Territorial  Boundaries  upon  the  North,  East,  and 
South,  and  the  Pearl  River  on  the  West,  shall  Constitute  the 
same,  to  be  named  and  hereafter  to  be  called  the  County  of  Wash- 
ington. And  I  do  further  Ordain,  that  the  County  Courts,  which 
have  been  by  Law  established,  shall  be  holden  and  kept  therein, 
at  Mclntoshes  Bluff,  in  the  following  order  viz.  The  Court  of 
the  General  Quarter  Sessions  of  the  peace,  upon  the  first  Mon- 
days in  October,  January,  April,  and  July,  yearly  and  every  year ; 
The  Court  of  Common  Pleas,  upon  the  next  Succeeding  Wednes- 
days in  the  same  Months,  also  yearly  and  every  year :  And  that 
the  Judge  of  Probate  shall  hold  a  Court  of  Probate  at  the  same 
place,  upon  the  First  Saturdays  immediately  following  the  times 
prescribed  for  the  Court  of  Common  Pleas,  yearly  and  every 
year:  Provided  that  the  first  Court  shall  be  held  on  the  first 
Monday  in  October  next,  and  not  before.   AND   unto  the  said 

1  Formation  of  the  third  county  of  Mississippi  Territory,  now  in  the 
State  of  Alabama. 


GOVERNOR  WINTHROP   SARGENT.  239 

County  of  WASHINGTON  is  hereby  Granted,  all  and 
Singular  the  Jurisdictions,  Rights,  Liberties,  Priveledges  and  Im- 
munities to  a  County  belonging  and  appertaining —  And  which 
any  other  County  that  is  or  may  hereafter  be  erected  and  laid 
off,  shall  or  ought  to  enjoy.  Conformably  to  the  Laws  and 
Ordinances  of  the  United  States,  and  of  this  Territory. 

In  Witness  whereof  I  have  hereunto  Set  my  hand,  and  Caused 
the  Public  Seal  to  be  affixed  this  fourth  day  of  June,  Anno 
Domini  One  Thousand  eight  Hundred,  and  in  the  twentyfourth 
of  the  Independence  of  the  United  States  of  America. 

(Signed)  Winthrop  Sargent 

By  his  Excellency's  Command 

John  Steele  Secretary 


Commissions  to  Justices  of  the  Peace.1 

His  Excellency  the  Governour  was  pleased  to  appoint  James 
Fair,  John  Johnson,  John  Chastang,  John  Collier,  Joseph  Thomp- 
son, and  Flood  McGuire  Esquires  Justices  of  the  peace  in  the 
County  of  Washington,  and  Commissioned  them  in  the  Words 
following  Viz 

By  His  Excellency  Winthrop  Sargent  Esquire 

Governour  and  Commander  in  Chief  of  the 

Mississippi  Territory. 

To  all  persons  who  shall  see  these  presents  Greeting 

KNOW  YE,  That  I  have  authorized  and  empowered 
James  Fair,  John  Johnson,  John  Chastang,  John  Collier,  Joseph 
Thompson,  and  Flood  McGuire  Esquires,  Justices  of  the  peace 
of  the  County  of  WASHINGTON,  to  hold  and  keep  a  Court 
of  Record  in  and  for  said  County,  to  be  named  and  styled  agreea- 
ble to  Law,  the  Court  of  General  Quarter  Sessions  of  the  peace, 
and  therein  to  enquire  by  the  Oaths  of  Good  and  Lawful  Men  of 


1  First  justices  of  Washington  County. 


240  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

the  said  County,  by  whom  the  truth  may  be  better  known  of  all 
and  all  manner  of  Thefts,  Trespasses  Riots,  Routes,  and  unlaw- 
ful assemblies,  whatsoever,  and  all  and  singular  other  Misdeeds 
and  Offences,  of  which  by  Law  Justices  of  the  peace  in  their 
General  Sessions  may  and  ought  to  enquire:  by  whomsoever  or 
howsoever  done  or  perpetrated,  or  which  shall  hereafter  happen, 
howsoever  to  be  done  or  attempted  in  the  County  afforesaid 
Contrary  to  the  form  of  the  Ordinances,  and  the  Acts  of  Con- 
gress, and  of  the  Laws  and  Ordinances  that  now  are,  or  hereafter 
shall  be  made  for  the  Common  Good.  And  to  hear  and  determine 
all  and  singular  the  said  Thefts,  Trespasses,  Riots,  Routs,  Unlaw- 
ful Assemblies,  and  all  and  singular  other  the  Premises, —  And 
to  do  therein  what  to  Justice  appertaineth,  according  to  the  Laws 
and  Ordinances  aforesaid. 

In  Testimony  whereof,  I  have  caused  the  Public  Seal 
[L.  S.]     to  be  hereunto  affixed  and  undersigned  my  name — 

dated  at  Natchez  Territory  afforesaid  this  fifth  day  of 
June  Anno  Domini  One  thousand  eight  hundred  and  of  the  In- 
dependence of  the  United  States  of  America  the  twentyfourth. 

(signed)    Winthrop  Sargent 
By  his  Excellencys  Command 

John  Steele  Secretary 
William  Williams  Keeper  of  the  Seal 


Commission  to  Court  of  Common  Pleas. 

His  Excellency  the  Governor  was  pleased  to  Grant  a  Com- 
mission to  the  Court  of  Common  Pleas  in  the  County  of  Washing- 
ton in  the  words  following  viz. 

Mississippi  Territory 

By  Winthrop  Sargent  Governour 

of  the 

Mississippi  Territory 

To  all  who  shall  see  these  presents — G  r  e  e  t  i  n  g — 

KNOW  YE,  that  I  have  by  these  Letters  made  Patent, 
appointed  and  Commissioned  as  Justices  of  the  Common  Pleas 


GOVERNOR  WINTHROP  SARGENT.  241 

in  the  County  of  Washington  John  Johnson,  John  Chastang, 
John  Collier,  Joseph  Thompson,  and  Flood  McGuire  Esquires, 
and  do  authorize  and  empower  them  or  any  three  of  them,  to 
hold  and  keep  a  Court  of  Record  in  the  said  County  to  be  styled 
agreeably  to  the  Law  in  such  case  made  and  Provided,  "  The 
Court  of  Common  Pleas  of  the  County  of  Washington,"  and 
therein  to  hold  Pleas  of  assize,  Scire  Facias,  Replevins  and  hear 
and  determine  all  manner  of  Pleas  actions,  suits,  and  Causes  of 
a  Civil  Nature,  real,  personal,  and  Mixed,  according  to  the  Consti- 
tution and  Laws  of  the  Territory. 

In  Testimony  whereof  I  have  caused  the  Public  Seal 
[L.  S.]    to  be  hereunto  affixed  and  undersigned  my  name,  dated 

at  Natchez  Territory  afforesaid  this  fifth  day  of  June, 
Anno  Domini  One  thousand  eight  hundred  and  of  the  Independ- 
ence of  the  United  States  of  America  the  twentyfourth. 

(signed)    Winthrop  Sargent 
By  his  Excellencys  Command 

John  Steele  Secretary 


Appointment  of  Various  Civil  Officials.1 

His  Excellency  the  Governor  was  pleased  to  appoint  John 
McGrew  Esquire  Coroner,  Samuel  Mims  Esquire  Treasurer, 
James  Fair  Esquire  Judge  of  Probate,  Wilson  Carman  Esquire 
Sheriff,  and  Samuel  McCorkle  Esquire,  Prothonotary  to  the  Court 
of  Common  Pleas,  Clerk  to  the  Court  of  General  Quarter  Ses- 
sions, and  Recorder  for  the  County  of  Washington,  to  each  of 
whom  according  to  their  several  offices  he  Granted  a  Commission 
in  the  usual  form  dated  the  fifth  of  June  1800. 

He  was  also  pleased  to  appoint  Adam  Hollenger  Esquire,  a 
Captain  of  Militia  in  the  County  of  Washington,  and  grant  to 
him  a  Commission  in  the  usual  form  dated  the  fifth  day  of  June 
1800 

1  First  county  officers  of  Washington  County. 

16 


242  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

He  was  also  pleased  to  appoint  Joseph  Stiggens  Esquire  a 
Captain  of  Militia,  Flood  McGrew  and  William  Puree  Gentlemen 
Lieutenants  and  Daniel  Johnson  and  John  Lindor  Gentleman 
Ensigns  of  Militia  in  the  County  of  Washington,  to  each  of  whom 
according  to  their  several  grades,  he  Granted  a  Commission  in 
the  usual  form  dated  the  6th —  of  June  1800  — 

He  was  also  pleased  to  appoint  and  Commission  the  Hon- 
ourable Judge  Tilton,  and  Captain  Bartholamew  Shamburgh  to 
administer  Oaths  of  office  in  the  County  of  Washington  in  the 
words  following  viz. 

Winthrop  Sargent. 

Governour  of  the  Mississippi  Territory. 

Has  thought  proper  to  authorize  and  empower  the  Honoura- 
ble Daniel  Tilton  and  Captain  Bartholamew  Shaumburgh  or 
either  of  them,  to  Tender  and  Administer  unto  all  and  every  of 
the  officers,  Civil  or  Military,  now  or  hereafter  to  be  appointed 
in  the  County  of  Washington,  —  the  several  Oaths  which  are, 
or  may  be  required  from  them  Respectively,  and  to  receive  from 
them  subscriptions  thereto,  whenever  the  Laws  of  this  Territory, 
shall  render  the  same  necessary. 

In  Testimony  whereof  he  has  caused  the  Public  Seal 
[L.S.]     to  be  hereunto  affixed  this  fifth  day  of  June  Anno  Dom- 
ini 1800.  and  Undersigned  his  name — 

(Signed)  Winthrop  Sargent 
By  His  Excellency's  Command 

John  Steele  Secretary. 


To  Judge  Daniel  Tilton. 

The  Grove  June  6th..   1800. 
Dear  Sir, 

I  regret  very  much  that  I  was  not  at  the  Vale  to  receive  your 
Visit,  as  I  do  on  Public  account  and  from  personal  Considera- 


GOVERNOR   WINTHROP   SARGENT.  243 

tions,  that  you  have  so  soon  taken  your  departure  from  us; 
but  perhaps  under  the  present  aspect  of  Matters,  'tis  of  much 
more  Consequence  that  you  should  proceed  into  the  new  County — 
to  give  due  Tone  to  Judicial  proceedings  than  enable  us  to  Con- 
tinue legislating  by  Remaining  at  Natchez —  The  Gentleman  ap- 
pointed Clerk  of  the  Courts  will  hand  you  this,  also  a  Law  au- 
thorizing a  Term  of  the  Supreme  Court,  and  a  Dedimus  for  ad- 
ministering Oaths,  to  the  Gentlemen  in  Commission, —  which 
as  a  Public  service,  I  make  no  apology  in  Troubling  you  with. 
With  much  esteem  I  am 
Dear  sir, 

your  obedient  humble  servant 

(Signed)  Winthrop  Sargent 
The  Honourable  Judge  Tilton 


To  John  Marshall.1 
No.  33. 

Mississippi  Territory  June  15th . .  1800 
Sir 

In  a  Collection  of  state  papers  with  which  I  have  been 
favoured,  from  your  office  I  presume,  though  they  were  unac- 
companied by  Letter,  I  observe  with  an  equal  degree  of  Mortifi- 
cation and  surprize,  the  Progress  of  a  Certain  Mr.  Hunter,  Styl- 
ing himself  Mississippi  Agent,2  and  which  I  hazard  Little  in  say- 
ing, is  unexpected  to  a  Majority  of  that  Class  of  Men,  most  Re- 
spectable according  to  the  general  received  Scale  of  Worth  and 
Consequence;  and  that  the  chang  in  Government,  which  it  ap- 
pears he  has  nearly  effectuated —  So  far  from  giving  satisfaction 
to  a  discontented  party,  will  but  Multiply  and  increase  Complaint 
within  the  Territory. 

Better  informed  men  than  Mr.  Hunter  or  the  aggregate  of 
the  Committee,  whence  he  is  emanant,  hesitate  not  to  say,  he  has 

1This  letter  appears  in  "Papers  in  Relation  to  the  Official  Conduct  of 
Gov.  Sargent,"  at  pages  11-18,  published  in  Boston  in  1801. 

sNarsworthy  Hunter,  agent  for  the  opponents  of  the  Sargent  adminis- 
tration. 


244  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

made  a  very  incorrect  Statement  of  Wealth  and  Numbers,  and 
that  they  are  by  no  means  willing,  or  prepared  to  meet  the  in- 
creased expense,  which  to  the  second  Stage  of  Government1 
must  unavoidably  accrue —  Further  that  they  believe  it  most  ad- 
visable to  Confide  in  the  modified  Legislation  of  a  Governour  and 
Judges  with  the  National  Wisdom  provided  to  give  permanancy 
to  the  Laws,  than  in  any  Code  they  might  reasonably  Calculate 
upon  from  the  probable  Representatives  of  the  present  people. 

Fondly  persuading  myself,  that  I  enjoyed  the  good  opinion, 
and  Confidence  of  every  Branch  of  the  General  Government,  I 
naturally  inferred  that  the  Petition  of  Cato  West  and  others 
would  have  laid  over,  for  time  to  have  investigated  the  aspersed 
Conduct  of  their  Servants,  and  Obtained  the  General  sense  of  a 
people  upon  a  Change  Momentous  to  them  to  them  all,  and  per- 
haps not  very  wise  in  a  National  Point  of  View.  We  have  not 
yet  tried  them —  are  not  enough  infromed  of  their  attachments 
or  Partialities.  I  who  have  studied  and  ought  to  know  them  bet- 
ter, than  any  other  servant  of  the  General  Government,  owe  it 
to  Justice  to  Acknowledge,  I  have  met  with  genuine  zeal,  intelli- 
gence and  rare  abilities,  and  I  should  be  unpardonably  deficient 
in  Liberality,  did  I  not  add  (after  the  observations  from  Mr. 
West  and  others)  that  those  Virtues  Certainly  are  not  altogether 
appropriate  to  "Native  Americans."  But  what  is  the  aggregate 
Character  and  disposition?  I  pretend  not  to  a  General  Knowl- 
edge of  the  people  of  the  Mississippi  Territory  —  Congress  have 
been  informed,  that  they  are  Principally  from  the  United  States : 
No  great  accession  of  Inhabitants  has  been  attained,  since  the 
Change  of  Government;  why,  and  wherefore  then  so  many  of 
our  Countrymen  here?  I  forbear  to  urge  the  Enquiry,  and  sub- 
mit to  National  Wisdom  and  Vigilance  to  adduce  the  inference. 

In  order  thereto,  and  in  Candour  as  well  as  Justice  to  my 
much  injured  Reputation,  Queries  are  essential —  They  should  be 
solely  Calculated  to  obtain  Truths;  and  in  the  event  Mr.  Hun- 

1  Legislative  Assembly  elected  by  the  people. 


GOVERNOR   WINTHROP   SARGENT.  245 

ter  Probably  would  be  more  known,  and  the  Credibility,  as  well 
as  Comparative  Consequence  of  the  Committee  stand  on  its 
own  not  the  merit  of  the  whole  people  of  the  Mississippi  Terri- 
tory. 

Had  such  mode  (which  I  have  been  taught  to  believe  a  due 
Respect  for  Public  Character  should  have  dictated)  been  pur- 
sued the  good  opinion  of  the  house,  and  necessary  Confidence  of 
this  people,  could  not  have  been  long  suspended  by  the  so  Wanton 
Allegations  against  the  Administration  of  Territorial  Govern- 
ment by  the  Executive  and  Legislature. 

When  Mr.  Hunter  left  this  Territory,  I  did  not  see  him,  though 
I  had  Courted  the  acquiantance  of  this  people  Generally,  and  his 
Specially  by  a  very  honourable  appointment  in  the  Militia. 

I  have  never  seen  him,  but  from  him  and  other  Malcontents, 
I  have  written  expression  of  very  different  sentiments,  from 
what  have  been  so  lately  avowed —  No  sense  of  Impropriety  in 
administration —  No  necessity  for  "  sixtyfour  Rank  and  file" 
to  Recommend  an  officer —  Pity  for  themselves  they  possess  mem- 
ory so  Treacherous. 

Mr.  Hunter  in  his  Mission  to  Congress  may  be  said  to  have 
stole  away,  against  strong  Remonstrance  from  the  Territorial 
Secretary,  upon  the  illegality  and  Probable  Consequence  of  going 
through  the  Indian  Country  without  a  Passport  from  the  Gov- 
ernour. —  It  was  not  until  some  days  after  his  departure,  that 
I  became  formally  acquainted  with  any  of  the  objects  of  his 
Journey. —  Though  Vanity  and  intemperance  had  led  him  to 
Boast  upon  his  management  and  the  Mighty  Change  he  would 
effect,  in  this  Country  and  administration. 

Under  the  Panoply  of  Conscious  Rectitude  and  zeal  in  service, 
I  disdained  all  indulgence  in  official  Conduct,  and  fondly  believed, 
I  had  nothing  to  apprehend ;  The  whole  Journal  of  Proceedings 
in  the  Executive  department  of  Government,  had  gone  forward 
accompanied  by  a  Copy  of  the  Laws:  from  which  I  assured 
myself,  not  only  of  ample  Justification,  but  the  merit  of  exertion, 
beyond  the  narrow  limits  of  mere  duty:  and  I  still  Continue  to 
flatter  myself  that  special  Investigation  would  do  me  honour. 


246  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Organize  a  new  Government  upon  the  very  Confines  of  the 
Power  and  Energy  of  the  United  States —  amongst  a  people  of 
diversity  of  Interests,  sentiment  and  Language —  acknowledgedly 
unversed  in  Jurisprudence,  and  not  all  distinguished  for  their 
Complacency — without  the  aid  of  the  Territorial  Judges  to  a 
late  Period,  in  ill  health  and  under  the  apprehension  of  an  at- 
tack from  a  foreign  Enimy ;  must  be  Confessed  an  arduous  Task 

—  I  draw  not  however  upon  the  Good  nature  of  my  Countrymen 

—  'tis  Justice  only  I  ask — 

Impeachment  seems  to  have  taken  an  uncommon,  an  unprece- 
dented form —  An  Obscure  Individual  upon  Recommendation  to 
Congress  by  a  few  Characters  unknown  to  fame —  Unknown  to 
that  honourable  Body  (it  is  presumed)  and  from  an  almost  un- 
known Land —  has  gone  forward  with  a  Petition,  in  its  nature 
libellous,  and  adding  thereto  of  his  own  Communications  in  Sun- 
dry Letters  Matter  full  of  Accusation  of  unconstitutional,  illegal, 
Contumacious,  and  Mercenary  Conduct,  in  the  first  Executive 
Magistrate,  which  has  been  so  far  accredited  as  to  Constitute 
part  of  a  Report  to  the  National  Representatives. 

The  Publicitiy  of  that  Report,  Printed  by  order  of  the  House, 
and  dispersed  to  the  most  Remote  parts  of  the  Union,  with  Com- 
ments full  of  Accrimony  from  a  source  I  forbear  to  name, 
seem  systematically  Calculated  to  sap  the  Reputation  of  a  de- 
clining life  the  morning  and  meridian  of  which  have  been  most 
faithfully  devoted  to  the  honourable  service  of  my  Country. 
Under  those  unpleasant  Circumstances,  Silence  might  be  unpar- 
donable—  It  would  be  enough  for  my  friends  perhaps  that  I 
simply  denied  the  Consequential  allegations  of  the  Mississippi 
Committee  Cato  West  Mr.  Hunter  and  others —  those  who  enjoy- 
ing Reputation,  duly  appreciate  its  worth  would  at  least  suspend 
Opinion  the  Sovereignty  of  the  United  States —  The  fountain  of 
Justice,  dare  not  Brand  by  any  act  of  disapprobation,  the  Con- 
duct of  their  servants,  but  upon  proof  positive  of  Maladministra- 
tion—  and  to  the  Malevolent  and  the  Designing  I  throw  the 
Gauntlet. 


GOVERNOR  WINTHROP  SARGENT.   -  247 

For  my  friends  the  friends  of  Truth,  who  may  be  interested, 
and  who  have  not  access  to  the  Territorial  Records  here  or  at 
the  Seat  of  Government,  I  should  wish,  if  the  same  meet  your 
approbation,  to  Publish  the  Record  of  proceeding  in  the  Execu- 
tive department  Generally  but  'tis  a  measure  I  dare  not  adopt 
without  permission. 

Upon  the  Mississippi  papers  generally,  which  you  have  done 
me  the  favour  to  transmit  it  may  be  proper  to  observe —  That 
the  statement  made  in  the  Petition  to  Congress  upon  the  appoint- 
ment of  Militia  Officers  in  a  Group,  and  detached  from  their 
Commands —  That  one  only  of  the  Judges  was  Qualified  to  Legis- 
late or  interested  in  the  operation  of  the  Law  for  raising  County 
Rates  and  levies  is  gross  misrepresentation  and  falsehood — 

The  Militia  Officers  it  is  true  were  Collectively,  announced 
for  Counties,  but  their  disposition,  and  every  Legionary  arrange- 
ment was  submitted  to  the  Field  Officers  under  positive  Orders, 
to  Consult  General  Convenience —  This  appears  in  the  Office  of 
State. 

Under  the  Operation  of  the  Law  for  assesment  the  Governour 
who  holds  2690  acres  of  Land  granted  to  his  Wife  as  a  "Feme 
Sole"  by  the  Spanish  Government,  actually  pays  out  of  the  6040 
Dollars  a  County  assessment  for  Public  Buildings  &c.  for  the 
County  of  Adams  in  1799  the  sum  of  119  Dollars —  The  Members 
of  the  Mississippi  Committee  of  the  same  County  Six  or  Seven 
in  Number  and  equal  to  two  thirds  of  this  unnatural  Body  are 
assessed  in  aggregate  120  dollars  only. 

The  Boasted  "ardour"  of  their  leading  members,  stated  in 
the  Petition,  has  been  Conspicuous  only  in  Violence  of  Opposi- 
tion to  Constituted  Authorities  under  the  Spanish  and  Amer- 
ican Governments —  The  Governours  Letter  to  the  Secretary  of 
State  of  the  20th. .  of  December  1799.  as  must  appear  from  the 
face  of  it,  was  really  meant  to  promote  the  Interests  of  the 
people  of  this  Territory,  and  under  such  impression  a  well  mean- 
ing Member  of  the  Committee  obtained  a  Copy  I  believe  from 


248  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

the  Territorial   Secretary  for  their   Information —  Shameless 
must  they  be,  who  blush  not  at  the  Base  Misapplication. 

To  the  Petition  marked  no.  1.  I  did  in  Truth  Reply  Verbally, 
as  will  appear  by  my  Letter  to  you  bearing  date  September 
20th. .  1799  and  an  alarming  inflammation  in  my  Eyes  at  that 
time,  from  which  I  have  not  Recovered  would  have  Rendered  it 
impracticable  to  have  then  Committed  to  paper,  had  I  even 
deemed  it  necessary. 

To  Mr.  Ellicott,  of  whom  the  Petitioners  were  so  extremely 
abusive,  I  add  my  Continued  sense  of  Obligation,  for  the  Prompt- 
itude and  Correctness  of  his  informations,  which  influenced  but 
did  not  Govern  my  appointments  though  our  Acquaintance  of  no 
inconsiderable  standing  and  the  high  Confidence  of  Government 
entitled  him  to  first  Notice —  I  issued  no  Commissions,  till  the 
expiration  of  more  than  necessary  time,  to  have  Received  Com- 
munications from  Gentlemen  in  every  part  of  the  Territory. 
My  Address  in  your  Office  will  abundantly  Demonstrate,  that  I 
Courteously  solicited  their  Acquaintance,  but  to  that  address  I 
am  Constrained  to  declare,  I  received  no  Response —  The  Re- 
joincings  said  to  have  been  heard  throughout  the  Territory  upon 
the  arrival  of  a  Governour  from  the  United  States  were  unknown 
to  me,  nor  do  I  remember  to  have  been  honoured  with  a  Visit 
from  any  one  of  the  Petitioners  (  a  Mr.  Dayton  excepted)  till  at 
a  late  Period,  when  the  pressure  of  exigence  made  Military  Ap- 
pointments absolutely  indispensible,  and  it  had  been  generally 
understood,  that  the  few  amongst  them  who  enjoyed  any  degree 
of  Confidence  even  with  their  Associates,  were  intended  to  be 
honourably  Notice  d. —  I  could  not  it  must  be  admitted  Con- 
strain any  to  Receive  Commissions,  but  by  the  Resignations  and 
Nonacceptances  at  the  date  of  the  Petition  though  those  were  a 
very  limited  number  I  acknowledg,  to  Regret —  Government  has 
not  been  deprived  of  very  much  of  the  Respectability,  or  intelli- 
gence of  the  Country —  the  names  of  Gentlemen  are  with  the 
Territorial  Records  in  the  Office  of  State,  to  Corroborate  this 
Opinion,  and  I  pledge  to  you  my  sacred  honour,  that  I  have  never 


GOVERNOR  WINTHROP  SARGENT.  249 

known  an  inferior  Court  in  any  of  the  United  States,  to  possess 
so  large  a  share  of  the  Confidence  of  the  People,  as  has  been 
unceasingly  bestowed  upon  the  Courts  of  Common  Pleas,  and 
General  Quarter  Sessions  of  the  peace  in  Adams  County.  In  the 
County  of  Pickering  no  Choice  was  left  me,  this  was  a  misfor- 
tune to  the  people  but  not  my  fault,  and  to  be  remidied  only  by  an 
accession  of  other  and  more  informed  men —  The  appointments 
however  generally  I  am  authorized  to  say  were  as  unexception- 
able even  to  the  people  themselves,  as  any  which  Could  have  been 
made,  for  I  have  been  assured  through  the  Secretary  of  the  Ter- 
ritory from  a  leading  member  of  the  Committee ;  that  there  were 
six  obnoxious  Characters  only  in  Commission;  as  small  a  pro- 
portion to  the  aggregate  appointments,  more  than  One  hundred, 
as  in  most  popular  Governments  I  believe — 

The  appointments  of  Officers  Civil  and  Military  and  the  Visit 
made  to  Mr.  Ellicott,  seem  to  be  the  great  Crimes  of  the  Gov- 
Governour,  as  charged  by  Cato  West  and  Mass. 

Their  accredited  agent  Mr.  Hunter  assumes  a  bolder  Tone, 
and  to  affix  the  Crime  of  deepest  Die.  Tanacious  (tenacious)  of 
Exclusive  National  Right  in  all  Mony  Matters,  as  is  the  honoura- 
ble house  he  has  so  abused  by  imposition,  no  accusation  could  be 
seemingly  more  Effectual,  than  that  of  the  Governours  usurping 
it,  from  the  Constituted  Authorities  in  this  Remote  Region  — The 
assassin  Stroke,  Blazoned  over  with  Charges  of  Prodigality  in 
Public  Resources,  future  Views  of  Taxation  &c  &c — has  no  doubt 
produced  the  full  effect  intended  from  this  Quarter  ere  this,  for 
the  foul  Traducer  Could  not  hope  to  remain  long  undetected.  In 
the  Voice  of  Injured  innocence  an  appeal  has  been  made  to  the 
Justices,  as  you  will  observe  in  the  enclosed  Public  prints. 

The  site  of  Public  Buildings  introduced  by  Mr.  Hunter  to 
Congress,  as  another  Complaint  against  your  Executive  is  fully 
explained  in  a  Letter  to  Messrs . .  Walker  and  Evans,  bearing 
date  November  24th . .  1798  in  your  office —  It  was  fixed  by  those 
Gentlemen,  with  the  Advice  of  Judge  Bruin,  upon  the  Principles 
therein  detailed,  and  against  my  own  private  interest  in  Lands, 


250  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

which  would  have  been  Materially  Benefitted  by  another  Position, 
advocated  by  some. 

Upon  the  subject  of  making  or  adopting  Laws,  I  have  wrote 
you  largely  heretofore  It  is  not  necessary  to  Repeat  my  own 
opinions —  Many  Letters  in  your  office,  evince  my  anxiety  to  have 
possessed  the  Codes  of  the  original  States.  We  began  legislating 
however,  with  the  Laws  of  the  Northwestern  Territory  only — 
They  had  been  long  subject  to  the  disapprobation  of  the  Honour- 
able Congress,  and  daring  not  to  doubt  their  attention,  we  be- 
lieved them  good. —  We  have  uniformly  Continued  however  to 
declare  our  willingmess  to  receive  and  respect  authenticated  in- 
formations for  the  quiet  and  interests  of  the  People. 

An  alarming  Depopulation  Mr.  Hunter  says  took  place  under 
Doctor  White  &c —  Since  this  Extraordinary  information,  I  have 
made  it  a  Business  to  enquire,  and  Venture  to  assure  you,  that 
five  families  Constitute  the  Total —  One  of  which  migrated  to 
avoid  Prosecution  for  Malpractice,  and  that  the  Residue  have  Re- 
turned to  the  Territory.  This  Depopulation  is  ascribed  "to  the 
morose  arbitrary  Contumacy  of  Governour  Sargent."  My  Treat- 
ment to  the  people  of  this  Territory —  To  Doctor  White  specially, 
has  been  Courteous  — but  he  had  made  his  Election,  as  was 
pretty  evident  from  being  found  in  this  Country —  The  Gov- 
ernour or  Secretary's  appointment  might  have  detained  him  a 
Little,  but  all  this  is  enough  understood,  I  believe  by  the  Doctors 
acquaintances  here  and  at  the  Seat  of  Government. 

No  Contumacy  has  ever  marked  my  words  or  actions,  SAVE 
upon  anonymous,  Menacing  and  Incendiary  Letters  addressed  to 
me,  and  pretty  Public  declarations  that  I  should  have  enough  of 
them,  the  Observations  that  I  was  not  to  be  operated  upon  in 
such  way,  that  though  the  people  of  this  Country  might  have  so 
acted  upon  the  nerve  of  a  Spanish  Governour,  even  to  Torting 
him,  that  I  should  not  be  detered,  by  any  motive  of  personal 
safety,  or  Consideration  from  the  full  discharge  of  My  Duty — 
that  I  presumed  not  upon  the  "internal  debility"  so  pathetically 
lamented  by  the  Committee,  for  it  had  been  my  Maxim  to  defy 


GOVERNOR  WINTHROP  SARGENT.  251 

faction  in  its  most  Gigantic  form,  may  have  been  so  Construed. 
But  I  fear  sir  I  trespass  upon  your  important  time ;  accused  how- 
ever Publicly  without  the  Certainty  of  other  Means  of  averting 
falsehood,  and  foulest  slander,  I  rely  on  your,  and  the  Public 
Benignity  for  forgiveness —  One  other  part  of  Mr.  Hunters  much 
Defamation  will  I  notice 

The  Governour  "  has  been  in  the  habit  of  Exacting  and  Re- 
ceiving fees  for  passports  &c  says  Mr.  Hunter. 

In  the  Northwestern  Territory  the  Governour  has  a  fee  upon 
all  Civil  Commissions  and  which  long  since  must  have  been 
known  to  Congress —  But  believing  it  improper  that  any  Com- 
pensation should  be  made  for  services  Contemplated  in  the  ap- 
pointment it  was  never  my  Practice  there  to  take  it,  and  the  Rule 
in  this  Country  has  at  my  instance  been  enforced  by  Law.  Mar- 
riage is  to  be  obtained  upon  the  Publication  of  the  Banns  for 
three  several  Holydays,  at  the  expense  of  Seventyfive  Censts,  or 
the  Governour  may  License  specially  without  Publication —  So 
'tis  declared  by  Law,  which  attaches  great  Consequent  Responsi- 
bility—  and  so  many  attempts  have  been  made  at  imposition  that 
the  necessary  Enquiries  to  granting  Matrimonial  Petitions,  are 
attended  in  some  Cases  with  the  trouble  of  taking  affidavits — 
Receiving  and  filing  Certificates —  Services  not  Contemplated  in 
his  appointment,  and  for  which  it  has  been  his  general  Rule  to  Re- 
ceive eight  Dollars —  When  Circumstances  have  seemed  to  make 
immediate  solemnization  so  necessary  that  usual  forms  could  not 
well  be  complied  with,  to  the  needy  he  has  made  no  Charge. — 
And  to  his  Acquaintances  generally —  To  Military  and  Civil 
Officers,  who  have  had  Occasion  to  apply,  and  when  no  doubts 
as  to  the  propriety  of  Union  may  have  arisen  Licences  have 
issued  Gratis. 

Taverns  in  this  hospitable  Country  are  few —  The  Law  pro- 
vides a  fee,  which  has  not  however  always  been  taken —  For  pass- 
ports I  have  not  received  the  sum  of  twenty  Dollars —  It  has  been 
a  Business  of  much  trouble,  some  expense  in  Printing  of  Blanks, 
and  of  late  they  seem  to  be  out  of  use. 


252  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Extreme  anxious  Sir,  always  to  live  in  the  good  opinion  of 
our  most  Respected  President,  I  shall  take  leave  to  transmit 
a  Duplicate  of  this  letter  to  his  seat  at  Quincy,  though  the  same 
may  not  be  exactly  in  order,  and  I  trust  it  may  efface  all  un- 
favourable impression,  which  the  Boldness  of  Charges  can  not 
but  have  made  upon  his  and  your  mind, 

With  most  Respectful  Consideration 
I  am  sir 

your  obedient  humble  servant 

(Signed)   Winthrop  Sargent 
The  Honourable  Secretary  of  State 


PROCLAMATION. 

By  Winthrop  Sargent, 

Govemour  of  the  Mississippi  Territory. 

Whereas  it  has  been  "Enacted  by  the  senate  and  house  of 
Representatives  of  the  United  States  in  Congress  assembled, 
that  so  much  of  the  Odinance  of  Congress  of  the  thirteenth  of 
July  One  Thousand  seven  Hundred  and  Eightyseven,  and  of  the 
act  of  Congress  of  the  Seventh  of  August,  one  Thousand  seven 
Hundred  and  Eightynine,  Providing  for  the  Government  of  the 
Territory  of  the  United  States  Northwest  of  the  River  Ohio,  as 
relates  to  the  Organization  of  a  General  Assembly  therein,  and 
prescribes  the  Powers  thereof,  shall  forthwith  operate  and  be  in 
f  urce,  in  the  Mississippi  Territory.1  Provided,  that  until  the 
Number  of  free  Male  Inhabitants  of  full  age  in  the  said  Terri- 
tory, shall  amount  to  five  thousand,  there  shall  not  be  Returned 
to  the  General  Assembly  more  than  nine  Representatives" 
"a  n  d,"  "That  until  the  number  of  free  Male  Inhabitants  of  full 
age  in  the  Mississippi  Territory  shall  amount  to  five  Thousand 
the  County  of  Adams  shall  be  entitled  to  Choose  four  Representa- 

*Act  of  Congress  of  May  10,  1800. 


GOVERNOR  WINTHROP   SARGENT.  253 

tives  to  the  General  Assembly,  the  County  of  Pickering  four,  and 
the  Tensaw  and  Tombigby  settlements  One" 

"That  the  first  Election  for  Representatives  to  the  General 
assembly,  shall  be  on  the  fourth  Monday  of  July  next,  and  all  sub- 
sequent Elections  shall  be  Regulated  by  the  legislature" 

AND  WHEREAS  it  has  been  "further  Enacted,  that  it 
shall  be  the  Duty  of  the  Governour  of  the  Mississippi  Territory, 
to  cause  the  said  Election  to  be  holden  on  the  day  aforesaid,  at 
the  most  Convenient  places,  in  the  Counties  and  settlements 
aforesaid  and  to  nominate  a  proper  officer,  or  officers,  to  Preside 
at,  and  Conduct  the  same,  and  to  Return  to  him  the  names  of 
the  persons  who  may  have  been  duly  elected. 

B  E  I  T  K  N  0  WN  THEREFORE,  that  I  do  in  obedi- 
ence to  the  Will  and  pleasure  of  the  General  Government,  (as 
is  herein  before  Expressed)  ORDAIN,  that  the  Election  of 
Representatives,  in  the  Counties  of  Adams,  and  Pickering,  and 
the  settlements  upon  Tensaw,  and  Tombigby  (now  Washington 
County)  shall  be  made  at  the  Places,  where  the  Respective  Courts 
have  been  ordered  to  be  holden;  and  I  do  hereby  nominate  the 
Sheriffs  Lewis  Evans,  William  Ferguson,  and  Wilson  Carman 
Esquires,  to  preside  at  said  Elections,  in  their  several  Counties — 
and  with  the  aid  of  the  Coroners  and  Clerks  of  the  Courts  of 
General  Quarter  Sessions  of  the  peace  to  Conduct  the  same  (in 
exact  Conformity  to  the  Laws  and  Ordinances  directing  the  time, 
and  Ordaining  the  Qualifications  of  Electors  and  Representa- 
tives) and  to  return  unto  me  the  names  of  those  presons  who  shall 
be  Duly  Elected. 

Given  at  the  Bellemont  Plantation  near  Natchez  this  twenty- 
fourth  day  of  June  Anno  Domini  One  Thousand  Eight  Hundred 
and  of  the  Independence  of  the  United  States  of  America,  the 
Twentyfourth. 

In  Testimony  of  which  I  have  undersigned  my  name,  and 
Caused  the  public  seal  to  be  hereunto  affixed 

(signed)    Winthrop  Sargent 

By  his  Excellencys  Command 

John  Steele  Secretary 

William  Williams  Keeper  of  the  seal — 


254  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Though  the  Governour  has  by  the  foregoing  Proclamation, 
discharged  his  present  immediate  Duty  as  prescribed  by  the 
supplemental  act  "  for  the  Government  of  the  Mississippi  Terri- 
tory, it  will  not  be  taken  amiss  (he  trusts)  for  him  to  add  from 
the  Ordinance  of  Eighty  seven 

"That  no  person  can  be  Eligible,  or  Qualified  to  act  as  a  Rep- 
resentative, unless  he  shall  heve  been  a  Citizen  of  One  of  the 
United  States  three  years,  and  be  a  Resident  of  the  District,  or 
unless  he  shall  have  resided  in  the  District  three  Years,  and  in 
either  Case  shall  likewise  hold  in  his  own  Right  in  Fee  simple 
two  hundred  acres  of  Land  within  the  same" 

"That  a  freehold  of  fifty  acres  of  Land  in  the  District,  having 
been  a  Citizen  of  one  of  the  States,  and  being  Resident  in  the  Dis- 
trict, or  the  like  freehold  and  two  years  Residence  in  the  District, 
shall  be  necessary  to  Qualify  a  Man  as  an  Elector  of  a  Repre- 
sentative." 

And  that  the  Representatives  duly  Elected  will  be  Convened 
at  the  Town  of  Natchez  upon  the  fourth  Monday  of  September 
next. 

The  Governour  takes  leave  further  to  add  his  sincere  Wishes, 
that  perfect  order  and  regularity  may  be  observed  at  the  Elec- 
tions and  that  Contending  parties  (which  have  been  stated  to 
him  heretofore  to  have  existed)  may  Cordially  Harmonize  to 
produce  the  most  honourable  Representation,  of  the  Integrity  and 
abilities  of  the  Mississippi  Territory. 


A  Transcript  of  this  Journal  from  page  227.  was  made  for 
transmission  to  the  Secretary  of  State,  and  authenticated  in  the 
Words  following  Viz — 

The  foregoing  one  hundred  and  fifteen  pages  Contain  a  tran- 
script of  the  Journal  of 

"Proceedings  of  the  Governor  in  his  Executive  Department" 
from  the  first  day  of  January  until  the  thirtieth  day  of  June  1800, 
including  two  letters  omitted  in  December  1799 — 


GOVERNOR  WINTHROP  SARGENT.  255 

In  Testimony  whereof  I  have  undersigned  my  Name  and 
affixed  my  private  Seal,  "  as  Secretary  in  and  for  the  Mississippi 
Territory"  at  Natchez  this  24th-  day  of  August  1800 — 

John  Steele        L.S. 

Transmitted  to  the  Mail  in  Aug  1800 


To  Daniel  Clark. 


The  Grove  June  7th-  1800— 

Not  until  the  last  Evening  my  Dear  Sir,  was  I  honoured  with 
your  favour  of  the  20th . .  Ult : 

Personal  anxiety  for  Mr.  Fero  may  cease,  for  I  believe  he  is 
in  health  at  Natchez  — though  from  Report  and  the  Complexion 
of  a  Letter  Received  from  General  Wilkinson  my  apprehensions 
were  equal  to  your  own — 

The  General  seems  to  have  been  duly  impressed  upon  this 
Occasion,  and  having  myself  a  full  share  of  horror  at  the  atro- 
ciousness  of  the  Offence  I  lost  no  time  in  submitting  his  Letter 
to  their  honours  the  Judges,  and  have  the  satisfaction  to  assure 
you,  that  I  trust,  we  shall  escape  the  Infamy  of  passing  over  in 
Silence  this  violation  of  Rights,  which  even  Savage  Nations 
have  consented  to  hold  sacred — 

I  would  to  God  for  the  honour  of  our  Government  there  re- 
mained equal  hope  of  the  due  investigation  for  the  Manifold 
outrages  upon  Decorum,  and  the  Municipal  Laws. — 

As  one  of  their  Principal  and  (in  Justice  I  add)  most  Watch- 
ful Guardians,  I  believe  in  your  Sympathy,  and  extreme  Mortifica- 
tion, at  that  Apathy  which  has  so  strongly  Marked  our  Character 
under  the  administration  of  the  Government  of  the  United  States 
—  Repeated  Murders,  (or  I  am  misinformed)  have  passed  un- 
noticed—  though  attended  by  Circumstances  of  high  aggravation. 

A  recent  and  most  abominable  Transaction,  I  pray  you, 
and  through  you,  the  Justices  Generally  may  be  followed  by  such 

^his  letter  was  omitted  in  its  proper  place. 


256  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

legal  proceeding,  as  is  commonly  had  in  like  Cases,  in  most  Civi- 
lized Countries, —  The  affair  I  allude  to  has  happened  upon,  or 
near  second  Creek,  where  some  persons  of  the  Names  of  Carter 
and  Tomlinson,  usurping  "Vi  et  armis"  to  determine  Questions 
properly  the  Province  of  Courts  of  Justice,  and  amply  Provided 
for  by  Law,  have  it  is  said,  given  and  received  Wounds,  from 
which  Death  or  Deaths  may  ensue. 

Shall  we  not  have  your  presence  at  the  next  Court?  I  hope 
we  shall. 

The  anxiety  of  Judge  Bruin  to  Return  home  and  the  hope  of 
Materially  benefitting  a  part  of  the  Territory,  by  providing 
to  Commence  Judicial  proceeding  under  the  Example  of  one  of 
the  Supreme  Judges,  have  induced  my  assent  to  Judge  Tilton's 
going  to  Tombeckbee,  to  hold  a  Court  in  the  County  of  Wash- 
ington, and  of  course  Legislating  is  suspended — 

We  have  passed  but  a  few  Laws —  To  add  and  amend  a  little 
the  Militia  System,  one  other  Law  in  aid  of  Indian  and  Slave 
Regulations —  Extending  Prison  limits  &c  &c.  five  only,  which 
you  shall  have  as  early  as  possible. 

With  Respectful  Esteem 
I  am  Dear  Sir, 
your  obedient  humble 
servant 

(signed)  Winthrop  Sargent 

P.  S.  Mrs  Sargent  and  myself  are  honoured  and  well  pleased 
by  your  very  obliging  manner  of  expressing  Mrs  Clark's  and 
your  own  Remembrance  of  us —  we  offer  you  very  sincerely  our 
regards  and  good  Wishes —  we  continue  to  Regret,  and  very 
much  your  absence,  but  trust  you  will  Visit  us  soon —  come  up 
to  Court,  and  bring  Mrs  Clark  as  far  as  Bellemont  where  we 
will  be  on  the  Morrow  pleas  God,  and  where  we  shall  be  happy 
to  give  you  one  of  the  best  Rooms  that  our  Cottage  affords 

(Signed)  W —  Sargent 

Colo.  Daniel  Clark 


GOVERNOR   WINTHROP   SARGENT.  257 

Commission  to  Justices  of  the  Peace. 

Mississippi  Territory  July  2d.  1800 
His  Excellency  the  Governour  was  pleased  to  appoint  George 
Cochran  and  Anthony  Hoggett  Esquires  Justices  of  the  Peace  in 
the  County  of  Adams,  to  whom  he  granted  Commissions  in  the 
usual  form  dated  the  2d.  day  of  July  1800. 

He  was  also  pleased  to  approve  of  the  appointment  of  Job 
Ruth  Cotton  and  Melling  Wolley —  Inspectors  for  the  Town  of 
Natchez —  John  Bolls  and  Gerard  Brandon  for  the  Township  of 
St.  Catherines  William  Dunbar  Esquire  and  Charles  Sugett  for 
the  Township  of  Second  Creek —  Isaac  Gaillard  and  Patrick  Foly 
for  the  Township  of  Homochito  Colo.  Henry  Hunter  and  Thomas 
Dawson  for  the  Township  of  Baie  Sarah,  to  whom  he  granted 
Commissions  in  the  usual  form  dated  the  of  June  1800 — 


Daniel  Clark. 

Bellemont  Cottage  July  6th. .  1800 
Dear  Sir 

Not  until  this  morning  did  I  receive  your  favour  of  the  10th . . 
Ult: 

I  am  truly  in  Sentiment  and  Sympathy  with  you,  Respecting 
the  Judges  and  legislation —  a  Number  of  Laws  are  wanted,  and 
to  legislate  is  yet,  in  my  opinion,  a  part  of  the  Judges  Duty — 
1  consented  to  an  adjournment,  to  enable  one  of  them,  to  hold 
the  Supreme  Court  in  Washington  County,  but  to  my  extreme 
Mortofocation  and  sorrow,  am  informed  he  Embarks  from  Or- 
leans direct  for  the  United  States — x 

I  learned  with  much  Satisfaction  soon  after  closing  my  Let- 
ter to  you,  that  Mr.  Dunbar  had  taken  the  preparatory  measures 
to  mark  the  high  handed  outrage  upon  Second  Creek —  impli- 

1  Judge  Daniel  Tilton. 

17 


258  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

cated  as  we  are  in  Country  Reputation  and  Character,  we  must 
lament  however  that  so  many,  and  so  heinous  Crimes  have 
passed  unnoticed. 

I  thank  you  for  your  friendly  intention  of  noticing  so  gen- 
erally Mr.  Hunters  Letters —  the  Progress  he  made  at  Congress 
I  assure  you  astonishes  me  beyond  Measure —  it  seems  however 
that  even  the  House  Rejected  the  Extra vigance  of  Members  of 
the  Committee:  but  Great  God!  what  would  become  of  us,  but 
for  our  Senate —  I  Tremble  when  I  think  of  the  Advancement 
to  precedent  heretofore  made  in  the  Eastern  States  to  depose 
them  and  the  Executive  as  useless  Branches  of  Government. 

I  enclose  unto  you  all  the  Petitions,  Reports  &ca.  upon  Mis- 
sissippi Affairs,  which  you  will  be  Good  Enough  to  Consider 
as  Right  precious  and  Return  after  you  shall  have  perused  them. 

I  have  written  thereupon  to  the  Department  of  State,  which 
I  will  intrude  (at  length)  to  your  Perusal  at  Court  Time,  when 
I  promise  myself  the  Satisfaction  of  seeing  you  and  Mrs.  Clark 
at  our  Cottage —  before  inded  for  you  will  certainly  be  up  at 
the  Election. 

A  friend  of  mine  writes  me  from  Philadelphia  whilst  the 
Business  was  before  Congress. 

"it  will  end  well  and  with  your  Friends  do  you  honour —  the 
forte  "at  present  is  to  make  you  out  an  unapproachable  Ba- 
shaw— " 

All  this  to  my  mind  is  a  Bagatelle  but  I  might  prove  the  false- 
hood thereof  by  Testimony  of  the  most  Violent  of  the  Country — 
Burnetts  &c.  who  came  to  me  under  those  prejudices  but  were 
converts  to  Truth ;  as  I  learned  from  the  Sheriff. 

I  had  acquired  a  Character  for  "hauteur,"  austerity  &ca. —  it 
had  preceded  me —  it  was  made  up  in  an  unfortunate  Campaign 
against  the  Savages,  where  I  acted  as  Adjutant  General  to  an 
undisciplined  army,  from  which  our  Country  demanded  services, 
not  otherwise  to  be  calculated  upon,  than  by  Strict  Subordina- 
tion : —  the  result  of  a  Punctilious  discharge  of  my  Duty,  was  a 


GOVERNOR  WINTHROP  SARGENT.  259 

Volume  of  Complaint,  and  a  World  of  Murmurs —  Governour 
St.  Clair  sumed  up  the  Matter  as  you  may  read  at  a  Leizure  mo- 
ment if  you  please,  and  to  the  great  Mortification  of  Calumnia- 
tors, I  obtained  the  full  Approbation  of  our  Country's  lamented 
Chief,  the  Immortal  Washington  by  the  old  and  an  additional 
appointment  in  the  army  then  ordered  to  be  raised. 

I  view  it  as  a  very  considerable  Misfortune  to  myself,  but 
a  much  more  Momentous  one  to  the  Country  that  we  had  not  at 
Congress  a  Man  of  Truth  and  informed  of  Characters  and  Trans- 
actions—  I  shall  find  a  way  I  persuade  myself  to  wipe  off  the 
Odium  which  boldness  of  Charges  has  attached  to  me —  but  it 
has  been  so  Considerable  that  some  exertion  on  my  Part  is 
Necessary. 

A  Mr.  Davis  of  Kentucky  Member  to  Congress  charges  me 
to  his  Constituents  for  Usurpation:  his  manner  and  Matter  is 
Ungentlemanly.     He  Says, 

"A  Bill  to  authorize  the  Mississippi  Territory  to  elect  a  Legislative 
of  their  own,  and  to  take  from  their  Governour  the  Power  of  dissolving  and 
Proroguing  them  at  pleasure  has  passed  the  house  of  Representatives, 
the  numbers  in  this  Territory  did  not  according  to  the  Ordinance  entitle 
them  to  a  Legislature;  but  to  Curb  the  Usurpation  of  their  Governour,  to 
wit,  Winthrop  Sargent  formerly  Secretary  to  the  Governour  of  the  North- 
western Territory  Congress  are  inclined  to  grant  them  this  extraordinary 
Privelege;  and  much  I  fear  this  will  not  be  sufficient  to  protect  the  people 
from  the  Insolence  of  this  Federal  Governour,  as  he  still  retains  the  Power 
of  putting  his  Veto  on  all  their  Legislative  Acts." 

Mr.  Davis  in  this  Circular  Letter  is  also  abusive  and  full  of 
falsehood  to  Mr.  Adam's  administration,  he  says —  "A  Navy 
and  army  have  come  into  existence  under  it"  unconstitutional 
Laws  &c  have  been  passed"  and  prays  God  he  may  not  be  re- 
elected: I  make  no  determination  but  'tis  possible  I  may  prose- 
cute him  for  a  libel. 

And,  if  there  be  virtue  in  a  Grand  Jury  of  Adams  County 
I  assure  myself  of  a  Bill  against  Hunter  West  and  Others  for 
the  most  unjust  false  and  Milicious  Libel  that  ever  was  uttered — 
Mr.  Stokes  the  Printer  though  perhaps  not  Chargeable  with  a 
Libel  has  Conducted  very  improperly —  he  has  as  you  must  have 


260  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

observed  published  Hunters  Letters  with  an  insinuation  that  the 
Governour  and  Judges  meant  to  limit  their  Circulation  &c — and 
when  spoken  to  thereupon  acknowledged  he  took  his  Publication 
from  the  Pamphlet,  upon  the  fece  of  which  the  intention  so 
plainly  appears,  but  that  he  was  instructed  not  to  print  that 
part  of  it,  and  by  a  person  who  promises  to  indemnify  him;  he 
has  refused  to  make  any  apology  in  his  paper  though  Acknowl- 
edges that  he  was  sensible  of  his  intention  to  deceive  the  Public — 
that  an  advertisement  thereupon  was  sent  him  but  he  should 
not  print  it. 

Accept  the  Continuation  of  Good  wishes  for  Mrs.  Clark  and 
yourself  from  Mrs.  Sargent  and, 
Dear  Sir, 

your  friend  and 

humble  servant, 

(signed) 
Colo.  Daniel  Clark  Winthrop  Sargent. 


To  John  McKee. 


No.  4.  Bellemont  near  Natchez  July  9th 

Sir,  1800 

Last  Evening  I  received  your  Letters  No.  1.  and  2.  with  the 
Enclosure  from  the  Commandant  of  Arkansa. 

The  measures  you  have  already  taken  thereupon  I  should 
believe  would  be  satisfactory —  Even  had  the  Thefts  Stated 
been  more  recent —  I  know  not  how  you  would  have  demon- 
strated greater  friendship  or  good  Will —  though  we  might  wish 
to  award  to  this  Nation,  a  Degree  of  Justice  equal  to  what  we 
receive,  yet  in  such  Instances  as  are  Stated  by  Captain  Vilamont, 
were  they,  even  for  our  Own  Citizens  the  Process  would  Neces- 
sarily be  very  tedious —  I  know  not  of  any  similar  Instances  of 
application  to  the  Spanish  Government,  or  how  such  would  be 
treated —  this  is  a  matter  upon  which  we  ought  to  be  informed ; 


GOVERNOR  WINTHROP  SARGENT.  261 

for  it  will  not  be  insisted  I  believe  that  a  Spanish  Subject  can 
Claim  all  the  Priveleges  enjoyed  by  the  American  Citizens  under 
the  Law  to  Regulate  intercourse  peace  &c.  with  the  Indians — 
Courtesy —  fair  words  and  every  friendly  exertion  to  serve  them 
is  however  encumbent  upon  us,  and  in  doubtful  Cases  to  make 
appeal  to  the  General  Government. 

We  ought  not  to  forget  however  that  'tis  our  Duty  to  Con- 
ciliate the  Indians  by  all  proper  means,  and  that  they  (the  Choc- 
taws)  having  some  cause  of  disgust  towards  the  United  States, 
it  behooves  us  to  observe  more  than  Common  Delicacy  towards 
them. 

Your  notice  of  the  Indians  now  Visiting  at  Orleans  is  my  first 
information  thereof. —  I  have  I  think  long  since  communicated 
to  you  the  Marquis's  assurances  of  Amity  and  strict  compliance 
with  the  Treaty. 

Bowles's  1  success  at  Apalachicola  had  been  announced  to  me 
by  an  American  at  Orleans  before  the  Receipt  of  your  Favour — 
he  tells  me  the  Fort  was  well  endowed,  the  Garrison  One  hun- 
dred Men,  but  that  they  made  no  defence  and  have  disgraced 
themselves  that  apprehensions  were  entertained  at  Orleans  for 
Mobille  and  Pensacola. 

I  hope  it  is  not  true  that  either  Chickasaws  or  Whites  have 
been  killed  in  the  Nation  or  at  Cumberland —  When  the  Story 
shall  be  correct  I  trust  you  will  let  me  have  it,  with  Informa- 
tion if  any  Interference  of  mine  may  be  necessary  or  or  useful, 
I  am 

I  assure  you 

with  much  Esteem 
Your  obedient 

humble  servant 

(signed)    Winthrop  Sargent 

Colo.  John  McKee 

Lower  Towns 

1  William  Augustus  Bowles. 


262  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  John  Marshall, 
Private. 

The  Honourable  General  Marshall 

Secretary  of  the  Department  of  State. 
Sir, 

Common  report  only  has  as  yet  announced  you  the  successor 
of  Colo.  Pickering  in  the  Department  of  State — *  to  that  Gen- 
tleman I  was  in  the  habit  of  freest  Communication  and  detailing 
every  matter  which  I  believe  the  Interests  of  my  Country  re- 
required  he  should  know,  though  not  always  incumbent  —  some- 
times perhaps  Supererogatory —  Under  your  administration  I 
shall,  in  this  Respect  Sir,  be  implicitly  Governed  by  your  Opin- 
ions—  It  cannot  be  construed  Flattery  that  I  declare  my  full 
faith  the  same  will  be  correct —  the  high  and  Continued  Confi- 
dence bestowed  upon  you  by  our  Government  so  authorizes,  and 
Commands  that  I  should  very  much  honour  your  Character. 

The  Whelming  Calumny  now  attaching  to  my  humble  Name, 
is  an  unfortunate  Circumstance  of  Introduction —  first  Presenta- 
tion, and  creates  a  new  and  Pangful  sorrow. —  but  a  View  of 
those  pages  "of  Proceeding  in  the  Executive  Department"  of 
Government  which  are  in  the  office  of  State,  I  fondly  believe 
will  Efface  the  hard  impression  which  my  Foes,  and  the  Foes 
of  Order  have  so  industriously  essayed  to  establish —  I  shall  be 
accredited  in  your  and  every  Candid  Mind  for  that  honest  zeal, 
which  has  its  uses  in  Civil  as  well  as  military  Life,  and  which 
you  sir  may  Command,  beyond  my  mere  Duty,  whenever  Public 
Service  shall  Require  it. 

The  main  object  of  the  present  Letter  Sir  is  to  inform  you 
of  a  defection  of  some  of  the  Creek  Indians  as  appears  by  advice 
to  Major  Minor  from  a  Mr.  Tagett — a  surveyor  appointed  by 
him  and  Mr.  Ellicott  to  do  some  Business  upon  "the  Line" — 
He  writes  that  eight  hundred  Indians  from  Tuckabachees  Tal- 
isces  and  Seminolas  (Creeks)  and  three  Hundred  and  fifty  Choc- 
taw Indians  from  the  lower  Towns  had  Joined  Bowles —  that 

1  Appointed  May  13,  1800. 


GOVERNOR  WINTHROP  SARGENT.  263 

with  several  Vessels  which  were  taken  at  Apalachicola  they  were 
Cruising  upon  the  Trade  from  Orleans,  had  amassed  much  Plun- 
der ardent  Liquors  Specially,  and  that  Colonel  Hawkins  had  been 
forced  to  take  refuge  in  Fort  Wilkinson —  Mr.  Togarts  (or 
Togett)  Letter  bears  date  June  9th.  and  Major  Minor  informs 
me  he  is  a  man  of  Truth.1 

The  motives  I  hope  may  be  sufficient  to  apologize  for  this 
Communication  direct  to  your  office  though  the  same  be  not  in 
due  order —  I  have  generally  addressed  the  Secretary  of  State 
relying  upon  his  goodness  to  make  any  Informations  necessary 
to  the  other  Departments,  and  shall  Continue  so  to  do,  unless 
you  may  be  pleased  otherwise  to  instruct  me. 
With  Sentiments 

of  the  most  Respectful  Consideration 
I  have  the  honour  to  be, 
Sir, 

Your  obedient, 

humble  Servant, 
(signed)   Winthrop  Sargent. 

July  23d-  1800  Mississippi  Territory — 

P.S.  If  it  be  true  Sir,  that  the  Choctaw  Indians  have  Joined 
Bowles  to  make  War  upon  the  Spaniards  it  is  Probable  I  may 
have  the  fifth  Article  of  our  Treaty  with  Spain  brought  to  my 
View —  I  request  instruction —  with  not  more  than  Eight  hun- 
dred men  Capable  of  bearing  arms  in  the  whole  Government,  and 
not  more  than  one  third  of  them  armed,  I  am  indeed  feeble. 

(Signed)  Winthrop  Sargent 


To  Zebulon  Pike. 


Mississippi  Territory 
Sir  August  1st-  1800— 

I  acknowledge  to  have  been  favoured  with  your  Letters  of 
the  6th-  &  20th-  Ult :  and  Mr.  Elmers  Report  of  the  1st— 

1  For  details  of  this  episode  see  Pickett's  "Alabama,"  Vol.  II.,  page  117, 
who  quotes  Du  Lac's  "Voyage"  and  Milfort's  "Sojourn." 


264  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

At  Mr.  Gerards  Solicitation  I  should  have  made  no  objec- 
tion to  the  negroes  having  been  put  into  his  possession  upon  due 
pledge  for  their  forth  coming  when  demanded,  but  for  the  refer- 
ence which  has  been  made  to  the  Cherokee  Agent  which  renders 
it  impolitic  for  me  to  make  an  interference  at  present. 
With  much  Consideration  &  Esteem 
I  am  Sir 

your  obedient 

humble  servant 
(Signed) 
Major —  Pike  Winthrop  Sargent 


To  Lewis  Evans, 


Bellmont  Plantation 
August  2nd..  1800— 
Sir 

Yesterday  at  noon  I  received  a  Certificate  Signed  by  your- 
self the  Coroner  and  Clerk  Respecting  the  late  Election,  but  which 
with  the  Note  covering  the  Same,  are  not  enough  Explicit. 

The  Law  requires  the  Governour  to  Nominate  a  proper  Offi- 
cer or  Officers,  to  preside  at,  and  Conduct  the  Elections,  and  to 
return  to  him  the  Names  of  the  Persons  who  have  been  duly 
Elected — 

The  Sheriffs  &c-  officers  of  high  Confidence  and  Trust,  have 
been  nominated —  and  a  Return  of  the  duly  elected  is  to  be  made, 
before  the  Representatives  can  be  convened — 

The  Acts  and  Ordinances  of  Congress  in  Point  will  be  shown 
you  by  the  Secretary  if  required  and  if  the  Construction  thereof, 
should  be  doubtful  in  your  mind,  I  would  Recommend  Applica- 
tion, not  only  to  the  Attorney  General,  but  the  Law  Judge  in 
the  Territory,  for  in  much  of  Counsel  is  declared  safety;  and 


GOVERNOR  WINTHROP  SARGENT.  265 

in  the  result  will  be  Expected  a  return  of  such  only  as  have  been 
duly  Elected,  with  the  usual  Solemnities  for  its  Authenticity. 

(Signed)  Winthrop  Sargent 
Lewis  Evans  Esquire 

Sheriff  of  Adams  County — 


To  John  Marshall. 


Mississippi  Territory 
August  10th..  1800— 
Sir, 

Upon  the  first  of  June  I  had  the  honour  to  address  to  Colo. 
Pickering  whom  I  then  believed  the  Secretary  of  State  a  Sketch 
of  Public  Buildings  at  the  Villa  Gayoso  within  this  Territory 
and  some  Letters  and  Documents  upon  a  Claim  thereto  which 
has  been  brought  forward  by  a  Certain  Mr.  Green  •  to  be  laid 
before  the  Attorney  General. 

I  can  have  no  doubt  as  those  papers  have  gone  forward  by 
Express  that  they  will  arrive  safe  with  you,  notwithstanding 
their  address;  I  will  add  therefore  only,  upon  this  subject,  my 
solicitation  for  your  obliging  endeavours  to  obtain  and  forward 
Counsel  for  future  Proceeding  in  this  Business  as  early  as  Pos- 
sible. 

Considering  sir  heretofore  the  Secretary  of  State  as  the 
proper  Officer  for  all  my  Communications,  I  have  scarcely  ever 
immediately  addressed  the  Secretary  of  War  even  upon  Indian 
Affairs,  and  only  asked  of  the  former  to  communicate  as  he 
should  deem  meet. 

In  your  Office  it  will  appear  I  have  very  abundantly  dilated 
upon  this  subject  which  a  War  may  soon  render  peculiarly  in- 
teresting —  I  would  cheerfully  make  a  Summary  but  that  my 

1  Thomas  Green. 


266  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Eyes  are  scarcely  Capacitated  for  Writings  every  Day  Indispen- 
sible,  and  the  Emoluments  of  my  office  admit  not  of  a  Clerk. 

I  have  solicited  that  Charity  for  the  Choctaws  which  was 
unequivocally  Promised  by  Mr.  Ellicotte  as  you  may  see  sir  by 
my  Letter  to  Colo.  Pickering  July  17th-  1799 —  and  for  the  non- 
performance of  which,  those  men  of  Nature  hesitate  not  to  brand 
me  as  a  Liar,  almost  every  Time  we  meet —  They  want  only 
Arms  and  Ammunition  to  gratify  their  Resentments,  and  Pas- 
sion for  Predatory  War,  with  which  I  am  apprehensive  they  will 
very  soon  be  abundantly  supplied  by  Bowles. 

A  small  Spanish  Armada  sent  against  him  from  Orleans,  we 
are  informed  is  blockaded  at  Mobille  by  three  sixteen  Gun  Pri- 
vateers. 

With  the  most  Respectful  Consideration, 
I  have  the  honor  to  be 
Sir, 

your  obedient 

humble  servant 
(Signed)   Winthrop  Sargent 
The  Honourable  Secretary  of  State 


To  Samuel  Dexter.1 


Mississippi  Territory 
August  10th..  1800— 
Sir 

Upon  the  first  of  June  I  had  the  honour  to  enclose  unto  Mr. 
McHenry  late  secretary  of  War  a  Communication  from  a  Magis- 
trate of  this  Government  relative  to  the  Choctaw  Indians,  and 
expressing  myself  thereupon,  to  which  I  beg  leave  to  solicit 
your  particular  attention,  as  a  continued  neglect  of  those  people 
I  apprehend  will  very  speedily  involve  us  in  a  War,  expensive 
to  the  United  States  and  Ruinous  to  this  Territory;  very  much 

1  Appointed  to  succeed  James  McHenry  May  13,  1800. 


GOVERNOR  WINTHROP  SARGENT.  267 

seems  to  have  been  promised  unto  them  by  Mr.  Ellicott  when 
opening  his  Commission  in  this  Country,  and  nothing  that  I 
know  of  has  yet  been  performed. —  The  late  Secretary  of  State 
Communicated  unto  me  as  an  Intention  of  Mr.  McHenry  to  make 
an  annual  Allowance  of  Two  Thousand  Dollars,  which  if  carried 
into  Effect,  would  be  too  small  to  produce  any  Good. 

I  have  been  in  the  habit  Sir,  of  making  almost  all  my 
Communications,  even  upon  Indian  affairs  to  the  Secretary  of 
State  having  never  been  otherwise  instructed  by  the  War  De- 
partment to  which  I  had  more  than  once  applied  for  Informa- 
tion. Will  you  Sir  be  pleased  to  advise  me —  I  beg  leave  to  refer 
you  sir  for  Proof  that  we  stand  Pledged  in  some  measure  to  be 
Charitable  to  the  Choctaw  Indians  to  my  Letter  to  the  Secretary 
of  State  bearing  Date  July  17th. .   1799. 

Upon  the  14th  of  May  I  addressed  Mr.  McHenry  upon  the 
subject  of  an  Indian  Interpreter,  as  well  as  a  suit  that  had  been 
commenced  against  me,  and  upon  which  you  are  so  Eminently 
Capable  to  advise —  Major  Minor  who  has  arrived  here  highly 
disapproves  his  Brothers  proceeding  &  assures  me  he  shall  give 
orders  to  withdraw  the  Action;  nevertheless  Sir,  I  solicit  your 
Opinion,  and  Instruction  as  to  the  Compensation  I  may  be  per- 
mitted to  make  him  for  his  Slave  whilst  he  was  acting  as  In- 
terpreter. 

Be  pleased  sir  also  to  authorize  me  to  take  another  Inter- 
preter. 

With  most  Respectful  Consideration, 
I  have  the  honour  to  be, 
Sir, 

your  obedient 

Humble  servant, 
(signed)  Winthrop  Sargent. 
The  honourable 

Mr.  Samuel  Dexter 

Secretary  of  War — 


268  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Lewis  Evans. 

The  Governour  Requests  of  the  Sheriff  to  cause  the  enclosed 
Extract  from  the  "Law  for  the  Regulation  of  Slaves"  to  be 
made  Public  by  putting  the  same  up  at  the  Doors  of  Taverns,  and 
other  Conspicuous  places,  as  many  Complaints  have  been  made 
unto  him,  of  the  Violation  thereof  by  Strangers  and  others,  who 
may  be  Ignorant  of  the  Law. 
August  12th—  1799 

Lewis  Evans  Sheriff  of  Adams  County — 


Commission  of  Justices  of  the  Peace. 

His  Excellency  the  Governour  for  good  reasons  appearing  to 
him,  was  pleased  to  add  to  the  number  of  Justices  in  the  Court 
of  Common  Pleas  in  the  County  of  Pickering,  and  accordingly 
inserted  in  the  existing  Commission  the  Names  of  John  Hinds 
and  Mordecai  Throckmorton  Esquires —  done  at  Bellemont  on  the 
19th. .  of  August  1800— 


To  John  Marshall. 


No.  36.  Mississippi  Territory 

August  25th-  1800. 
Sir, 

In  consequence  of  Proceedings  in  the  House  of  National  Rep- 
resentatives, tending  to  implicate  the  Governour  and  Judges  of 
this  Territory  unofficially  communicated  from  the  Department  of 
State,  I  took  leave  to  address  the  then  Secretary  in  a  long  Letter 
bearing  date  the  15th . .  of  June ;  to  Exculpate  to  defend  and  Jus- 
tify our  aspersed  Conduct. 

1  This  letter  appears  at  pages  36-45  of  "Papers  in  Relation  to  the  Of- 
ficial Conduct  of  Gov.  Sargent." 


GOVERNOR  WINTHROP   SARGENT.  269 

Since  that  Period  there  has  come  to  my  View  through  the 
Medium  of  the  Public  Prints  a  Resolution  of  the  House  of  Rep- 
resentatives for  disapproving  so  much  of  Two  of  our  Laws  as 
authorized  certain  Fees  to  myself  and  their  honours —  With 
notice  that  the  Consideration  thereof  had  been  postponed  by  the 
Wisdom  and  Justice  of  the  Honourable  Senate. 

In  a  Public  paper  Styled  the  true  American  and  Printed  at 
Philadelphia  upon  the  15th  of  May,  we  observe  an  Extraordinary 
Motion,  and  a  more  extraordinary  Preamble,  to  have  made  on 
the  Preceding  Day,  by  the  Honourable  Mr.  T.  T.  Davis,  and 
such  as  the  most  Rigid  Justice  should  not  have  dictated,  but 
upon  fullest  Proof  of  Foulest  Deeds; —  To  the  distinguished 
Sympathies  and  Candour  of  Messieurs  Harper,  Craik,  Nott,  and 
Griswold,1  we  stand  indebted  for  reminding  Gentlemen,  that 
"the  accused  had  no  opportunity  of  answering  to  the  very  serious 
Charges  Contained  in  the  Honourable  Mr.  Davis's  Preamble — 
that  if  the  Censure  was  Just,  Impeachment  ought  to  be  obtained 
by  other  means" —  more  equitable — more  ingenuous,  and  less 
dishonourable,  they  might,  well  have  added. 

And  for  impeachment,  conscious  we  have  discharged  our 
Duties,  according  to  honour  and  to  conscience  we  stand  pre- 
pared—  Persuaded  always  that  the  Tenure  of  Public  Com- 
missions under  the  American  Government,  rests  not  upon  their 
Forfeiture. 

Whether  we  may  be  indulged  with  the  Privelege  of  being 
heard  is  yet  a  Question —  Upon  most  of  the  Allegations,  so 
Odiously  blazoned  in  the  Preamble  of  the  Honourable  Mr  Davis 
I  have  I  fondly  trust  so  fully  expressed  myself  as  at  least  at 
suspend  Sentence  of  Public  Condemnation —  and  ere  another 
session  of  Congress,  Gentlemen  who  may  seek  Truth,  Shall 
find  fullest  Conviction,  that  we  hve  been  most  barbarously 
abused  and  Vilified —  For  my  own  Part  I  have  already  thrown 

1  Robert  Goodloe  Harper,  of  South  Carolina;  William  Craik,  of  Mary- 
land; Abraham  Nott,  of  Connecticut;  Roger  Griswold,  of  Connecticut,  mem- 
bers of  Congress, 


270  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

the  Gauntlet —  and  defy  the  most  insidious,  as  well  as  active 
Malice  to  establish. 

That  I  have  "acted  under  the  Influence  of  a  Faction  or  pur- 
sued the  Principles  of  Despotism  in  excluding  from  my  Confi- 
dence a  Majority  of  the  well  disposed  Citizens." 

Or  that  I  have  "indulged  an  unwarrantable  distrust  of  the 
"great  Body  of  this  People,  and  appointed  over  them  to  offices 
"Civil  and  Military,  persons  obnoxious  for  their  intrigues  and 
"Foreign  Influence." 

I  deny  that  I  have  "practiced  an  avarice, —  Extortion  or 
"any  oppressive  Measure,"  as  has  been  ascribed  to  me  by  the 
honourable  Mr.  Davis;  Fees  Warranted  by  a  Law —  Predicated 
upon  long  continued  Practice  of  the  Northwestern  Territory,  and 
which  had  Received  the  Approbation  of  Congress,  we  have  some- 
times demanded —  with  this  very  essential  difference  however, 
and  as  is  in  some  measure  Stated  in  my  last  letter,  that  there 
the  Governour  and  Judges  have  actually  Exacted  Fees  for  serv- 
ices expressly  required  by  the  Ordinance  under  which  they  were 
appointed,  Whilst  in  this  Territory  (as  it  respects  myself  this 
is  most  Confidently  asserted)  they  have  been  received  for  such 
only  as  seemed  Extra: 

Judges  in  the  Northwestern  Territory  are  allowed  by  Law  a 
Reembursement  of  all  expenses  of  themselves  and  servants  in 
going  the  Circuits  to  hold  the  Courts : —  They  have  also  fees  for 
allowing  Writs  of  Error — Supersedeas  for  taking  Bail,  filing  bail 
pieces,  and  all  the  &cs.  for  which  the  honourable  Mr.  Davis  has 
so  zealously  essayed  to  attach  Odium  to  the  Judicial  Character 
within  this  Government —  The  honourable  Congress  could  not 
have  been  uninformed  thereof,  for  the  Laws  and  records  in  Point 
had  been  officially  transmitted  by  myself  as  Secretary-  Conse- 
quently long  ere  the  Practice  of  Exacting  fees  could  have  been 
adopted  into  the  United  States,  Mississippi  Territory 

Granting  then  Sir  for  a  moment  the  Exacting  of  Fees  to  be 
wrong,  should  not  Manly  Candour  have  dictated  that  the  Exam- 
ple of  an  older  Colony —  so  long  and  so  strongly  sanctioned  by 


GOVERNOR   WINTHROP   SARGENT.  271 

the  very  highest  Authority,  we  under  God  can  know,  might  in 
Justice  have  been  accepted  as  apology,  and  we  humanely  spared 
the  cruel  Mortification  of  suffering  the  hard  the  intemperate 
Language  with  which  we  have  been  assailed,  in  the  Face  of 
Congress,  our  Friends,  and  the  World! 

The  Privelege  of  Gentlemen  tolerating  full  freedom  of  speech 
does  not  Warrant  Indecorum,  nor  can  any  Power,  I  humbly  con- 
ceive command  my  tacit  acknowledgement  of  the  "avarice  and 
Extortion"  ascribed  to  me  by  the  Honourable  Kentucky  Member. 

Though  Constrained  always  to  Rigid  Economy  by  the  hard 
service  of  my  Country,  I  acknowledge  not  to  have  "Practiced 
avarice  or  Extortion." 

A  soldier  of  the  Revolutionary  War,  I  retired  not  from  the 
Field  till  the  close  thereof —  and  it  may  be  remembered  by  some 
of  the  Veteran  Comrades  in  those  Days,  of  Peril —  and  who  have 
witnessed  the  Whelming  Calumny  so  unjustifiably  attached  to 
my  humble  name,  that  Bread  and  Fame  were  our  Sole  Reward — 

In  Civil  Life, —  of  the  Ten  Years  that  the  Government  of 
the  Northwestern  Territory  had  been  established,  ere  I  was 
commanded  to  this  Country,  the  Arduous  and  Complicated  Du- 
ties of  Governour  and  Secretary,  with  the  accumulated  Expenses 
of  both  Offices  were  mine  to  Discharge —  and  without  further 
Public  Provision  than  the  Small  Stipend  allowed  the  Secretary. 

By  Statements  made  to  the  honourable  Congress  in  1796  for 
a  Compensation  which  is  yet  withheld,  it  will  appear  that  my 
Expenses  were  necessarily  very  Considerable —  the  Salary  small 
and  that  there  were  none  of  the  Operating  Motives  for  a  avari- 
tious  Man  to  have  Continued  in  Office; —  that  Reputation  — 
a  good  name  must  have  been  the  Grand  Decideratum :  Offices  in 
your  Western  Country,  were  long  acknowledgedly  the  Posts  of 
Danger —  hence  perhaps  their  Tenure  undisturbed,  but  Gentle- 
men read  in  the  History  of  the  Sufferings  and  Peril  of  those 
Days;  a  just  and  grateful  Country  cannot  hastily  Prostrate, 
servants  grown  gray  in  Hardihood  and  Toil. 


272  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  Honourable  Mr.  Davis  seems  to  have  been  at  much  Trou- 
ble to  establish  what  the  Governour  and  Judges  are  very  willing 
to  admit. 

"That  they  have  made  Laws" — 

As  secretary  of  the  Northwestern  Territory  and  vested  with 
the  Powers  of  the  Governour,  I  fully  Concurred  with  the  Judges, 
that  we  were  a  Complete  Legislative  Body —  We  never  hesitated 
to  manifest  this  to  Congress,  and  the  Laws  by  Governour  St. 
Clair,  the  Judges  Parsons,  Symmes,  and  Varnum  Enacted —  as 
early  as  1788  demonastrated  that  such  was  their  Opinion  also; 
but  I  solemnly  deny  to  have  acknowledged  (as  Mr.  Davis  asserts 
I  have)  a  Deviation  from  the  Ordinance  of  Congress  in  the  thus 
enacting  of  Laws —  for  the  Ordinance  in  my  Acceptance  thereof, 
tolerates  so  doing ;  in  Strong  Presumptive  Proof  of  which,  I  shall 
offer  (as  the  Honourable  Mr.  Davis  and  myself  seem  to  have 
so  differently  read  the  same)  that  the  Laws  which  were  Regu- 
larly transmitted  to  the  General  Government,  in  one  solitary  In- 
stance only  were  ever  disapproved,  thus  Evidencing  their  perfect 
Coincidence  in  Sentiment  with  us  upon  this  very  important  sub- 
ject : 

As  a  further  proof  of  their  will  and  pleasure  that  we  should 
"M  a  k  e  Laws"  they  have  enacted  nearly  in  Words  follow- 
ing. 

"That  the  Laws  of  the  Territory  that  have  been,  or  hereafter  may  be 
"enacted  by  the  Governour  and  Judges  &c" 

And  again 

"That  the  Governour  and  Judges  shall  be  authorized  to  repeal  their  Laws 
"by  them  made  whenever  the  same  may  be  found  to  be  improper." 

Whence  we  certainly  take  Leave  to  infer  our  most  incon- 
testible  Right  to  the  very  essential  and  salutary  Measure  of 
Enacting  as  well  as  adopting  Laws  for  common  Good —  And 
further  that  we  shall  stand  exonerated  in  the  Minds  of  the  Vir- 
tuous and  the  Wise,  from  even  the  intention  of  exercising  that 


GOVERNOR  WINTHROP  SARGENT.  273 

"most  dangerous  assumption  of  Power,"  so  unadvisedly  ascribed 
to  us  by  the  Honourable  Kentucky  Member. 

Amongst  the  Rolls  in  the  office  of  the  Territorial  Secretary 
we  are  ingenuously  to  acknowledge  a  Law  for  the  Punishment 
of  Arson,  that  seems  to  have  escaped  the  Watchful  Eye  of  the 
honourable  Mr.  Davis,  and  which  together  with  the  Statute 
against  Treason  are  in  our  view  alike  exceptionable —  no  legal 
decision  or  Proceedings  however  have  been  had  thereupon,  nor 
will  the  Judges,  I  persuade  myself,  ever  designedly  transgress 
the  Sacred  Rules  of  our  most  Respected  Constitution —  but  so 
much  has  already  been  said  upon  this  unpleasant  Theme —  with- 
out anticipating  Opprobrious  misconception  of  our  intentions, 
and  which  appears  in  my  address  to  the  Legislature  of  the  5th — 
of  May,  in  your  office,  that  no  more  explanation  or  Comment  can 
be  now  necessary. —  In  any  formal  Investigation,  I  hope  to 
demonstrate,  that  the  original  of  the  Laws  (our  great  anxiety 
to  disseminate,  hastily  sent  to  the  Printer)  was  unexceptionable 
in  Matter,  but  that  we  have  been  inadvertent  in  our  Signature 
to  the  Rolls,  can  not  be  denied;  an  act  Acknowledgedly  hostile 
to  the  Constitution,  though  we  have  the  Consolation  to  believe 
it  has  Operated  no  Evil —  For  my  own  part  however  I  claim 
not  Indulgence  in  Official  Transactions,  and  will  await  in  Re- 
spectful Submission,  such  Censure  as  may  be  deemed  propor- 
tionate to  the  Magnitude  of  my  Transgression —  but  when  it 
shall  be  mercifully  Considered  that  the  Law  for  the  Punishment 
of  Arson  in  the  Northwestern  Territory  —  subject  to  the  same 
Constitutional  objections  with  any  of  the  Statutes  of  this  Gov- 
ernment, had  been  Ten  Years  before  Congress  at  the  Time  we 
adopted  it,  (and  never  disapproved)  it  must  be  received  as  an 
Extenuation  of  our  Crime. 

There  has  been  transmitted  to  the  Department  of  State,  the 
Copy  of  an  appeal  to  the  Justices  of  Adams  County —  made 
immediately  upon  my  receiving  the  "Report  s"  of  the  Com- 
mittee of  Congress,  to  whom  had  been  referred,  the  Petition 
of  Cato  West,  and  certain  Letters  of  Narsworthy  Hunter. — 

18 


274  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  only  matter  therein  which  I  then  deemed  of  Consequence 
enough  to  engage  my  special  attention —  and  Publicly  demon- 
strate to  be  false,  was  Mr.  Hunter's  so  Positive  Declaration  of  my 
usurping  the  Powers  of  the  Court  (their  Duty  to  hold  Sacred) 
and  with  most  nefarious  and  dishonourable  Intention. 

My  appeal  is  annexed  to  the  Letter  of  the  15th-  of  June  before 
mentioned,  but  it  was  not  until  the  4th-  Instant,  that  the  Justices 
were  in  session,  which  necessarily  delayed  their  Response  here- 
with transmitted,  and  which  I  respectfully  solicit  may  accom- 
pany the  Petitions  of  "Cato  West  and  others"  as  the  natural  and 
Legitimate  "Relative  of  those  Documents"  which  the  honourable 
Mr.  Davis  has  proposed  to  lay  before  the  President : — 

Under  any  other  Circumstances  than  a  base  Impeachment 
of  almost  all  the  Territorial  Officers  I  could  not  myself  announce 
to  Congress  that  the  "accredited  agent  of  those  Persons,  styling 
themselves  a  Committee  regularly  Chosen  by  the  Inhabitants 
of  the  Mississippi  Territory  &ca-  Stands  convicted  to 
every  man  of  Mind,  of  Malice,  Mischief  and  Falsehood — 
and  if  words  have  meaning,  that  he  is  recorded  in  the  honourable 
Court  of  General  Quarter  Sessions  of  the  Peace  of  Adams  County 
in  their  August  Term —  to  the  Present  People  and  Posterity  as 
a  most  infamous  Liar. 

The  Character  of  the  Members  of  this  Court  Generally  is, 
I  believe,  less  exceptionable  than  that  of  any  other  equal  Num- 
ber of  Men  within  the  Government,  but  they  are  sufficiently 
known  to  reject  or  Confirm  my  Estimation  by  the  most  abundant 
Testimony.  The  Presiding  Justice1  is  Respectable  from  Integ- 
rity, science  and  Wealth,  with  very  Conciliating  manners  and 
an  Independence  of  sentiment  most  happily  adapted,  to  his 
Public  Station 

I  shall  take  leave  to  enclose  unto  you  his  Charge  to  the  Grand 
Jury  in  the  same  August  Term —  adding  my  request  that  it  may 
be  brought  to  the  View  of  Government  to  illustrate  the  Reputa- 
tion of  accusers  and  accused —  and  for  other  purposes  important 

1  William  Dunbar. 


GOVERNOR  WINTHROP  SARGENT.  275 

to  this  Territory,  whenever  Proceeding  shall  be  Continued  under 
the  Petition  of  Mr.  West  and  Committee. —  The  name  of  Mr. 
Hugh  Davis —  in  the  List  of  Magistrates,  will  also  be  found  in 
the  Mississippi  Committee —  this  and  the  Character  which  I 
have  drawn  of  the  former  may  seem  incompatible —  The  Mo- 
tives for  my  own  appointments  I  can  explain,  but  not  always 
the  Conduct  of  Officers — 

This  Mr.  Davis  is  the  same  Gentleman  I  have  quoted  in  my 
address  of  the  15th —  of  June  as  the  "well  meaning  Member  of 
the  Committee",  "obtaining  a  Copy  of  a  Letter  of  the  20th. .  of 
December  1798  to  the  Secretary  of  State",  and  which  he  be- 
lieved to  have  been  by  them  most  basely  perverted: —  He  has 
since  communicated  to  me  that  the  Representations  made  in 
that  Letter  of  the  sufferings  of  the  Inhabitants  from  the  Indians 
under  Spanish  and  American  Governments  then  Complained  of 
by  almost  every  man  of  rny  knowledge,  and  late  presented  as 
a  Grievance  by  the  Grand  Inquest,  would  have  been  stated  to 
the  General  Government  at  that  Time,  as  a  Wicked  and  abom- 
inable Falsehood  of  the  Governour  and  that  neither  injury  or 
inconvenience  from  the  Indians  had  ever  been  Experienced  by 
this  People —  but  for  his  special  Opposition  to  the  Measure  made 
under  the  fullest  impression  of  the  Justice  and  propriety  of  my 
Statemens,  and  which  the  Committee  had  been  Constrained  Re- 
luctantly to  acknowledge —  Facts  produced  to  them  by  Mr.  Davis 
had  been  too  strong,  and  of  too  much  Publicity  to  have  escaped 
the  Notice  of  many  of  the  Members,  and  must  induce  a  Powerful 
Presumption  of  more  than  want  of  Candour  upon  the  Occasion. 

The  Clerk —  Sheriff  and  one  of  the  Judges  have  transmitted 
to  me  some  Documents  Relative  to  the  alarming  Depopulation 
said  by  Mr.  Hunter  to  have  taken  place  under  Doctor  White — 
the  site  of  the  Public  Buildings,  "so  marked  by  opposition  to  Gen- 
eral Opinion"  and  other  Matter —  all  which  I  take  leave  to  sub- 
mit as  proper  to  be  brought  forward  in  future  attention  to  the 
Motion  and  Preamble  of  the  honourable  Kentucky  Member. 

My  respected  Friend  Colo.  Clark1  deceased —  whose  Eulogium 
and  Worth  have  been  so  long  and  so  well  Established,  and  whose 

1  Daniel  Clark. 


276  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

situation,  as  Commanding  the  Militia  and  Presiding  in  the  Courts 
of  Justice,  rendered  him  more  and  better  Conversant  in  the 
Administration  of  the  Government  than  almost  any  other  man 
within  the  Territory,  (sensibly  impressed  by  the  Insults  and 
Injury  offered  to  the  Governour  and  the  Country)  Devoted 
the  last  moments  of  a  Life  passed  in  honour,  to  the  bearing 
strong  Testimony  against  that  Obloquy  and  Odium  which  had 
been  Produced  by  the  unprincipled  Clamours  of  Malevolence. 

Mr.  Daniel  Clark  a  Citizen  of  the  Territory —  Nephew  to 
the  Colonel,  and  inheriting  his  Valuable  Possessions  in  this  Coun- 
try—  a  Gentleman  long  know  and  respected  for  his  spirited  and 
successful  exertions  in  Favour  of  our  oppressed  Countrymen  at 
Orleans,  has  obligingly  Committed  to  me  his  Uncles  Sentiments 
addressed,  and  intended  to  have  been  directly  Communicated  it 
seeme,  to  the  honourable 

Mr.  W.  C.  C.  Claibourne  of  Congress : x 

Testimony  from  Characters  so  Endowed,  as  to  Command 
universal  Credibility,  and  so  honourable  to  the  administration 
of  this  Government,  I  shall  certainly  avail  myself  of. —  The  Let- 
ter therefore  from  Colonel  Clark  to  Mr.  Claiborne  and  one  from 
his  Nephew,  (in  Connexion)  I  respectfully  solicit  may  be  Con- 
sidered by  the  honourable  Mr.  Davis  as  true  "relative  Docu- 
ments" to  the  Petition  of  Cato  West,  and  transmitted  to  the 
President  or  otherwise,  as  shall  be  decreed  for  his  so  Censorous 
motion  and  Preamble. 

The  same  reasons  Sir  which  induced  my  last  long  Letter,  have 
made  me  at  this  Time  thus  immeasurably  Prolix,  and  I  have 
again  to  Pray  your  enduring  patience. 

Once  I  would  have  deemed  it  an  undue  Condescension  to 
have  brought  forward  Voucher  or  Collateral  aid  against  more 
Respectable  Men  than  any  enrolled  in  the  List  of  those  who  are 
Warring  upon  my  Fame; —  My  own  Declaration  I  should  have 
believed  Enough  under  any  Circumstances  but  formal  Impeach- 

1  This  letter  appears  at  pages  20-31  of  "Papers  in  Relation  to  the  Official 
Conduct  of  Gov.  Sargent. 


GOVERNOR  WINTHROP   SARGENT.  277 

ment —  Wary  however,  and  apprehensive  from  late  Sufferings 
and  Persecution  I  would  Guard  against  Wiles,  wickedness  and 
Surprize:  The  Precedent  of  Censure  and  other  uncommon 
Proceeding  upon  "ex  parte"  Evidence  and  statement  demand  on 
our  part  more  than  Ordinary  Circumspection. 

The  attentions  which  have  been  bestowed  upon  the  Repre- 
sentations of  the  Smallest  and  the  least  Respectable  part  of  this 
Community,  I  will  Venture  to  say,  has  excited  Astonishment  in 
the  mind  of  almost  every  man  within  the  Mississippi  Territory. 
That  Mr.  West  and  signers  of  the  Petition  to  Congress  were 
not  even  a  Moity  of  the  Committee • —  pretended  to  have  been 
duly  Elected,  is  well  known  to  themselves  and  no  secret  within 
the  Government. 

The  Circular  Letter  which  Mr.  Hunter  states  to  Congress  as 
originating  this  Body  was  an  Indecorous  Publication,  dated  upon 
the  6th .  .  of  July  1799  requesting  meetings  of  the  Inhabitants  in 
the  several  Districts  to  elect  Members  for  a  General  Conven- 
tion— this  Letter  to  use  the  Language  of  Respectable  Characters 
amongst  us  "was  evidently  intended  to  have  been  Communicated 
"to  those  only  who  had  been  loud  in  Disaffection  to  the  Govern- 
"ernment:  " 

"not  genaral"  but  to  be  whispered  to  a  few  Individuals 
"only." 

If  the  whole  people  of  the  Mississippi  Territory  could  have 
been  assembled,  or  a  due  proportion  of  Character  only,  the  late 
Proceeding  of  Cato  West  &ca-  would  probably  have  been  dis- 
countenanced in  all  its  parts —  this  is  not  mere  matter  of  opinion, 
for  in  the  January  of  1799  the  same  was  demonstrated  by  An- 
aloy  (Analogy). 

In  a  Committee  who  then  Petitioned  Congress  upon  the  sub- 
ject of  their  Lands,  were  some  of  the  leading  Characters  of  Mr. 
Wests  party —  assembled  with  the  same  Views,  which  they  have 
of  late  accomplished,  but  the  Members,  who  generally  had  been 

JThe  original  committee  consisted  of  thirty-five  members,  fifteen  of 
whom  signed  the  West  petition. 


278  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Elected  upon  fair  and  honest  Principles —  that  is  after  due 
and  diffused  Notice —  Whose  names  are  with  Congress,  and  who 
probably  were  a  Representation  of  the  Will  of  the  Majority, 
CURBED,  with  strong  hand,  the  spirit  of  Faction  and  In- 
trigue. 

Fourteen  days  only  elapsed  from  the  Notice  contained  in  the 
Letter  before  mentioned  to  the  Time  apopinted  for  holding  the 
Election, —  a  short  Period  indeed  considering  the  extent  of  our 
Country  and  the  dispersed  state  of  its  Inhabitants:  many  re- 
spectable persons,  indeed  whole  settlements  (Tensaw  and  Tom- 
beckbee — Now  Washington  County)  not  included)  were  with- 
out notice  upon  this  important  Occasion;  nor  can  I  learn,  that 
in  any  one  of  the  Districts,  there  was  an  Assembly  sufficient  for 
much  less  interesting  purposes  than  Constituting  Delegates  to 
a  General  Convention. 

In  the  Town  of  Natchez,  which  Comprehends  an  important 
part  of  Respectable  population,  forty  persons  only  assembled — 
a  Moity  of  them  are  Represented  destitute  of  all  Visible  Prop- 
erty—  People  of  any  Country,  but  never  Acknowledged  to  have 
been  enrolled  within  this  Territory —  They  chose  two  Dele- 
gates—  In  the  Certificate  of  the  Election  however,  the  Qualifica- 
tions of  the  Electors,  are  Candidly  stated  to  have  been  Prob- 
lematical. 

One  of  those  Delegates  it  is  said  never  attended  the  Com- 
mittee, and  that  the  other,  after  in  Vain  Combating  the  Violence 
of  Proceedings  withdrew  himself  altogether.  This  is  certain, 
that  neither  of  their  names  are  found  affixed  to  the  Representa- 
tions which  have  been  Published  from  this  Committee. 

By  unquestionable  Authority  I  am  informed,  that  the  Prin- 
cipal Inhabitants  of  the  Settlements  of  Big  Black  and  Bayou 
Pierre  in  the  upper  County,  were  without  Notice  of  the  District 
meetings,  and  that  out  of  one  hundred  and  forty  free  Male  In- 
habitants, who  should  have  Voted  for  Delegates  to  this  Com- 
mittee, twenty  only  attended —  that  their  most  Weak  and  most 
Abandoned  Characters  were  Elected —  amongst  whom  was  one 


GOVERNOR  WINTHROP  SARGENT.  279 

Robert  Ashley  said  to  have  fled  from  the  Justice  of  some  of  the 
Southern  States,  and  who  has  been  indicted  within  the  Mis- 
sissippi Territory  for  horse  stealing. 

All  this,  and  much  more  Anecdote  as  well  as  Public  history 
of  (and  in  relation  to)  Mr.  Wests  Committee  was  Known  to 
the  Reputable  Citizens  of  the  Mississippi  Territory  AND  the 
nautural  Inference. 

"so  just,  so  wise,  and  so  Wary  a  Body  as  Congress  will  not 
"Act  upon  such  irregular — such  Partial   Proceeding" 

was  the  general  sentiment —  the  general  Expression  of  the 
most  worthy  Characters  amongst  us. 

Experience  however  has  shown  us,  that  conclusions  founded 
upon  the  Intelligence  of  man  are  too  often  fallacious. 

Abstract  of  all  Consideration  merely  Personal  I  must  sir  con- 
tinue to  View  it  as  a  very  great  Misfortune  that  ONE 
PARTY  only  should  have  been  heard  upon  Decisions  so  Mo- 
mentous to  us  all  : 

Information  might  have  been  had  from  sources  disinterested, 
impartial  and  of  Confidence —  Less  intrusion  and  importunity 
upon  the  important  Time  of  Congress  (for  the  past  — present, 
and  to  come)  with  more  Tranquility  to  this  restiff  Country 
would  probably  have  been  the  happy  Consequence : 

General  Wilkinson  it  is  believed  was  at  Philadelphia  in  Time 
to  have  met  Enquiry —  as  an  officer  of  Rank  and  Confidence,  he 
was  worthy  to  have  been  Consulted —  he  had  spoke  and  written 
honourably  of  the  Administration  of  this  Government  within 
my  knowledge —  he  is  conversant  with  men  whom  the  people 
ought  to  have  respected,  and  a  few  of  whose  names  are  enrolled 
amongst  our  accusers —  his  Testimony  must  have  been  favoura- 
ble to  the  Mississippi  Territorial  Officers. 

He  could  have  informed  Congress  that  we  are  unprepared 
for  any  accumulation  of  Expense. — that  the  Statement  of  Mr. 
Hunter  of  the  Wealth  and  numbers  in  this  Government  is  ex- 
aggerated—  that  we  were  so  involved  in  debts  as  to  have  rendered 


280  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

interposition  of  the  Spanish  Government  between  us  and  Bank- 
ruptcy absolutely  indespensable —  and  that  in  Pickering  County 
where  discontent  with  present  administration  had  originated, 
there  were  not  Enough  of  informed  men  to  fill  the  present  neces- 
sary offices  of  Government ; —  it  is  my  Duty  however  to  endeavour 
to  Conciliate  all  this  people  to  the  Change  which  has  been  Com- 
manded and  I  shall  most  religiously  preform  it. — 

With  the  sensibilities  of  a  man  wounded  in  his  better —  his  im- 
mortal part —  REPUTATION,  I  have  Sir  written  much,  but 
I  feel  much  more : —  assailed  Violently  by  a  party  in  this  Country, 
from  Motives  probably  most  impure —  and  in  manner  and  Lan- 
guage, which  I  persuade  myself  no  Gentleman  shall  ever  cease 
to  abhor,  some  unbecoming  Warmth  of  Expression  some  undue 
Consideration  of  Self  may  have  escaped  me,  but  that  no  Indeco- 
rum to  Characters  in  that  honourable  house,  so  much  my  Duty  to 
Respect  m  a  y  be  found  on  those,  or  any  of  my  future  pages  is 
the  Object  of  my  most  devout  Prayers. 

The  honourable  Mr.  T.  T.  Davis  of  Kentucky,  seems  to  the 
Governour  and  Judges  of  the  Mississippi  Territory,  to  have  been 
unnecessarily  severe —  Towards  the  former  he  has  practiced 
most  wanton  and  Unwarrantable  Cruelty : — 

He  has  given  Publicity  to  one  of  his  Letters  seemingly  in- 
tended only  for  his  Constituents,  but  which  has  Circulated  in 
the  Northwestern  Territory  where  my  very  interesting  Concerns 
—  Where  almost  all  my  Pecuniary  affairs  are  afloat,  Calculated 
evidently  to  impress  the  People  with  such  Sentiments  as  may  do 
me  irreparable  Injury. 

He  has  added  Insult  to  Injury  by  addressing  to  me  Directly 
a  Copy  of  this  Letter,  from  which  the  following  is  a  Verbatim 
Excript. 

"A  Bill  to  authorize  the  Mississippi  Territory  to  elect  a  Legislature  of 
"their  own;  and  to  take  from  their  Governour  the  Power  of  dissolving  and 
"Proroguing  them  at  pleasure,  has  passed  the  house  of  Representatives. 
"The  numbers  in  this  Territory  did  not,  according  to  the  Ordinance,  entitle 
"them  to  a  Legislature;  but  to  curb  the  usurpation  of  their  Governour,  to 
"wit:  Winthrop  Sargent,  formerly  secretary  to  the  Governour  of  the  North- 


GOVERNOR  WINTHROP  SARGENT.  281 

"western  Territory  Congress  are  inclined  to  grant  them  this  Extraordinary 
"Privelege;  and  much  I  fear  this  will  not  be  sufficient  to  protect  the  People 
"from  the  Insolence  of  this  Federal  Governour,  as  he  still  retains  the  Power 
"of  putting  his  Veto  on  all  their  Legislative  Acts." 

I  will  conclude  this  long  Epistle  sir,  in  the  words  of  a  very 
Celebrated  Poet. 

"durum;  sed  levius  fit  Patientia 

"quicquid    corrigere    est   nefas" 

and  subscribe  myself  with  every  sentiment  of  most  Respectful 
Consideration  your  obedient,  and  Government's  faithful  and 

Zealous  Servant 
(Signed)   Winthrop  Sargent 
The  Honourable  Secretary  of  State. 


To  John  McKee. 


No.  5  Mississippi  Territory — 

September  1st-  1800 
Sir, 

I  received  your  Letters  Numbered  3.  4  &.  5  the  day  before 
Yesterday,  and  have  detained  the  Express  to  the  Present  moment 
in  the  hopes  of  seeing  Major  Pike,  who  alone  Could  Comply  with 
Mr.  Pantons  Wish  for  a  Loan  of  Ammunition —  over  it  you  know 
I  have  no  Controul,  but  from  this  Gentlemans  so  well  known, 
and  so  much  esteemed  Character,  I  am  anxious  he  should  be 
Gratified,  and  will  speak  to  the  Major  in  an  opportunity  I  expect 
to  present  in  a  Day  or  two,  and  give  you  notice  by  the  first  Con- 
veyance—  Your  Express  seems  so  anxious  to  Return,  I  venture 
not  to  delay  him  longer —  It  may  not  be  amiss  to  observe,  that 
it  seems  to  me  only  amongst  the  Possibilities  that  Mr.  Panton 
will  be  supplied  from  our  Magazines —  Latitude  to  the  Command- 
ants is  very  seldom  sufficient  to  admit  such  Indulgence, 


282  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  Commandant  of  Arkansa  I  hesitate  not  to  say  should 
seek  his  Information  from  another  Quarter 

The  apparent  pacific  Disposition  of  the  Choctaw  Nation  is 
pleasing  to  me —  I  have  already  addressed  the  now  Secretary  of 
War  to  enable  me  to  keep  them  in  Good  humour,  God  only  knows 
how  far  I  may  be  successful. 

I  am  inclined  to  believe  from  some  recent  Information  that 
the  Spaniards  made  them  no  Presents  in  their  last  Visit 

I  do  not  at  present  engage  an  Interpreter  but  shall  delay  the 
same  till  I  hear  from  the  War  Office  upon  that  and  some  matters 
connected  therewith —  Will  you  give  me  the  Character  of  the 
Man  you  mention,  together  with  his  Expectations 
Adieu, 

and  believe  me  with  much 

esteem,  Sir         your  very  humble  servant 

(Signed)   Winthrop  Sargent 
Colo.  John  McKee. 


To  John  Marshall. 


No.  37.  Mississippi  Territory 

September  5th—  1800 

Anxious  Sir  in  the  extreme  to  preserve  a  good  name  which 
in  a  Service  of  much  Toil  and  no  inconsiderable  share  of  Peril 
I  had  essayed  to  attain,  I  have  presumed  to  address  two  long 
Letters,  bearing  date  June  the  15th  and  August  the  25th.  to  the 
Department  of  State —  to  illustrate  Public  Transactions  as  well 
as  the  proceedings  of  some  of  this  people,  and  avert  the  CURSE 
of  Infamy  which  seemed  indelibly  attaching  to  my  Official  Char- 
acter :  Copies  of  those  Letters  have  been  transmitted  to  my  most 
Respected  President,  and  I  can  nothing  doubt  a  Conclusion  hon- 
ourable to  myself  and  the  Judges,  from  the  due  impression  upon 
his  and  your  mind. 

Justice  will  mercifully  ordain  that  they  be  submitted  to  the 
Senate —  to  continue  our  Political  existence  and,  what  is  of  in- 


GOVERNOR  WINTHROP   SARGENT.  283 

finitely  dearer  Consideration  in  my  mind,  the  good  opinion  of 
Individuals  in  that  honourable  Body,  to  whose  Wisdom  and 
Virtues  I  render  the  Tribute  of  Reverence  and  Admiration. — 
But  when  I  feelingly  Consider  sir  the  Publicity  of  evil  Report; 
that  an  Indictment  has  been  preferred  against  me  before  the 
first  Tribunal  upon  Earth —  for  Matter  enough  to  anathematize 
me  in  the  minds  of  the  great  and  the  Good;  and  that  the  same 
may  not  be  traversed  —  a  tacit  acquittal  is  not  sufficient. 

To  Friends  of  Sensibility —  Connexions  of  acknowledged 
Worth —  to  an  August  Executive  whose  Confidence  we  have  en- 
joyed, we  owe  a  Public  Explanation. 

For  an  offspring  in  whom  we  are  to  be  perpetuated,  and  to 
whom  we  had  Proudly  Calculated  upon  handing  down  a  Reputa- 
tion undefiled,  we  must  take  care  that  the  sons  shall  not  blush 
because  their  Fathers  have  been  defamed.  Tis  therefore  I  most 
Respectfully  solicit,  that  to  the  Volume  of  Accusation,  and  pro- 
ceedings of  the  honourable  house  of  Representatives  (crimi- 
nating the  Governour  and  Judges  of  this  Territory)  and  printed 
by  ORDER,  my  Letters  of  Illustration  may  Ingenuously  be 
added. 

We  have  been  humiliated  before  our  Friends  and  the  world, 
in  Publications,  uttered  under  an  Authority  we  are  bound  to 
Respect,  and  diffused  to  the  remotest  parts  of  the  Union —  To  the 
Equity  of  the  same  source  therefore,  we  appeal  for  the  Requested 
mode  of  Exoneration. 

If  however  in  this  seemingly  Rational  solicitation  we  are 
not  to  be  Indulged,  the  Gentleman  who  obligingly  takes  Charge 
of  my  Letter  of  the  25th . .  Ult.  and  its  accompaniments,  will  ask 
from  you,  a  Copy  threof,  and  that  of  the  15th.  of  June  also  for  the 
Press —  Provided  my  Printing  the  same  for  Information  of 
Gentlemen  of  Congress  and  my  Friends  shall  not  to  you  seem  im- 
proper. 

With  every  sentiment 

of  the  most  unfeigned  Respect 
I  have  the  honour  to  be,  Sir, 

your  obedient  Humble  servant 

signed    Winthrop  Sargent 


284  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ByWinthrop    Sargent: 
GOVERNOUR 

of  the 
Mississippi  Territory, 

In  obedience  to  the  Will  of  the  General  Government,  expressed 
in  the  supplemental  Act  for  the  Government  of  the  Mississippi 
Territory,  it  is  incumbent  on  me  to  direct  that, 

Messieurs  Cato  West,  Thomas  M  Green,  John  Burnet,  Thomas 
Calvet,  Henry  Hunter,  and  James  Hoggett,  who  have  been  re- 
turned as  Representatives  duly  elected,  should  Convene  upon  the 
fourth  Monday  of  the  present  Month,  9  o'clock  A.M.  at  the  Gov- 
ernment House  in  the  Town  of  Natchez. 

No  return  has  yet  been  received  from  the  County  of  Washing- 
ton, and  in  Adams  County,  only  two  Members  are  returned  duly 
elected,  tho'  Messieurs  Sutton  Banks,  Anthony  Hutchins,  William 
Conner,  Abner  L.  Duncan,  and  William  Dunbar  Esquire,  have 
their  names  inserted  in  the  Return  (some  of  them,  with  a  Con- 
siderable plurality  of  Votes)  and  are  in  Consequence  invited  to 
assemble  also  at  the  time  and  place  which  has  been  appointed 
for  the  meeting  of  the  Representatives,  when  the  said  return  will 
be  submitted  to  the  View  of  Gentlemen  who  may  be  concerned 
therein. 

Given  near  Natchez 

September  10th—  1800 

(Signed)  Winthrop  Sargent 

John  Steele  Secretary 


Address  by  Gov.  Sargent.1 

The  Persons  Elected  Representatives  under  his  Excellency  the 
Governour's  Proclamation  of  the  24th —  of  June  having  assem- 

1  First  address  or  message  to  the  General  Assembly  of  Mississippi  Ter- 
ritory. 


GOVERNOR  WINTHROP  SARGENT.  285 

bled  at  the  Government  House  in  the  Town  of  Natchez  agreeably 
to  his  Notice  of  the  10th. .  of  September,  were  met  by  him,  when 
he  was  pleased  to  deliver  to  them,  an  address  in  the  Words  fol- 
lowing Viz — 
Gentlemen, 

By  the  return  of  the  Sheriff  of  Pickering  County,  it  has  ap- 
peared that, 

Messieurs  Cato  West, 

Thomas  M.  Green, 
John  Burnet,  and  . . 
Thomas  Calvet, 
have  been  duly  Elected  the  Representatives  of  Pickering  County. 

The  Sheriff  of  Adams  County  diffident  of  his  Powers  under 
the  Acts  directing  and  Regulating  the  Elections  within  this  Ter- 
ritory—  and  which  appear  to  have  been  very  Variously  Con- 
strued within  the  same,  is  so  indecisive  in  his  Return,  that  I 
adventure  not  to  announce  to  you  the  Members  of  this  County — 

I  shall  however  cause  his  Return  to  be  laid  before  you. 

In  Washington  County  there  has  been  no  Election: —  the 
short  Time  permitted  to  forward  on  the  Proclamation,  for  the 
purpose  was  used  to  all  possible  Advantage,  but  some  unforeseen 
Casualty  to  the  Land  Express  prevented  the  arrival  timously  for 
a  general  Notification  to  the  Inhabitants  to  assemble,  upon  the 
Day  which  had  been  Ordained  by  Law. 

Water  Conveyance,  then  more  than  commonly  precarious  has 
been  also  unpropitious. 

I  regret  very  much  Gentlemen  a  Disappointment  which  may 
possibly  delay,  or  (what  is  still  more  unpleasant  to  Consider) 
embarrass  any  immediate  proceeding  in  the  important  Nomina- 
tion to  Congress —  for  even  though  all  the  obstacles  arising 
merely  from  the  want  of  a  sufficient  Return  of  the  Sheriff  of 
Adams  County  might  be  removed,  yet  you  Gentlemen  probably 
would  be  extreme  cautious  of  proceeding  to  Measures  which  may 
lead  to  very  interesting  and  permanent  appointments  within  this 
Territory  whilst  a  County  (which  there  is  very  little  Doubt  will 


286  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

be  entitled  to  two  Members  in  this  House)  shall  remain  totally 
unrepresented : 

Mistake  not  however  Gentlemen  those  well  meant  Observa- 
tions—  and  so  naturally  pertinent  to  this  Occasion,  for  Obtrusive 
Counsel. 

I  am  too  much,  and  too  importantly  impressed  by  a  sense  of 
due  deference  for  appropriate  prerogative,  and  Respect  for  that 
important  Character  which  you  are  now  about  to  assume  to 
intrude  either  advice  or  Information: 

To  facilitate  however  the  Operation  of  the  Supplemental  act 
for  the  Government  of  the  Mississippi  Territory —  as  Magistrate 
and  Citizen,  I  offer  myself  most  cordially  to  your  service; 

in  the  former  Character,  as  an  official  Duty  it  is  sacred  and 
indispensable:  as  a  Citizen  and  Inhabitant  of  the  Mississippi 
Territory  no  one  can  be  more  interested  in  its  General  Welfare 
and  Prosperity: 

My  Fortunes  are  inseparably  blended  with  your  own;  Upon 
the  Public  Weal  depends  the  well  being  of  myself  and  Family 
permanently  established  within  the  Government. 

That  the  most  abundant  Increase  of  Good  therefore —  and  full 
Contentment  (the  Rational  Consequence  thereof)  shall  succeed 
to  the  Change  of  Government  we  Contemplate ; —  that  it  may  be 
attended  with  more  and  greater  Blessings  than  Warmest  Imagi- 
nation can  have  portrayed  is  my  sincere  Prayer. 

but  I  will  not  further  adventure  the  Imputation  of  Trespass- 
ing upon  your  important  Time —  or  unnecessarily  to  arrest  your 
attention — 

The  Pressure  of  private  concerns  and  avocations —  so 
very  interesting  at  this  season,  must  render  you  specially  anxious 
to  enter  upon  your  own  immediate  Duties  and  impatient  of  delay. 

To  have  Convened  you  Gentlemen,  and  formally  Communi- 
cated the  due  Notice  of  Election  in  the  several  Counties; 

To  have  offered  the  Laws  of  the  United  States,  applying  to 
the  purposes  for  which  you  are  at  this  Time  assembled  — and 
which  will  now  be  laid  before  you    Constitute,    I  believe, 


GOVERNOR  WINTHROP   SARGENT.  287 

the  Total  of  Executive  Duties  in  the  present  Relation  of  the 
Governour  to  this  Honourable  House. 

So  far  Gentlemen  as  I  have  exceeded  those  limits  you  will  be 
pleased  to  ascribe  to  my  zeal  in  service —  to  my  strong  anxieties 
that  our  Proceeding  upon  the  present  and  indeed  every  Occasion 
should  seem  to  the  General  Government  to  have  been  perfectly 
correct. 

The  failure  of  the  Election  in  the  County  of  Washington,  and 
the  Insufficiency  of  the  Return  from  Adams  County  to  complete 
the  number  of  Representatives  which  had  been  Ordained — to- 
gether with  such  of  your  Proceeding  as  you  may  do  me  the  honour 
of  communicating,  I  shall  take  the  earliest  opportunity  to  trans- 
mit to  the  Department  of  State,  for  the  Information  of  the  Gen- 
eral Government 

(Signed) 

Winthrop  Sargent 

Mississippi  Territory  Adams  County  and 
Town  of  Natchez  22d—  September  1800— 


Oath  of  Office. 


You  and  each  of  you  solemnly  swear,  that  you  will  be  faithful 
and  true  to  the  Mississippi  Territory,  so  long  as  you  continue 
Citizens  thereof  and  that  you  will  faithfully  execute  to  the  best 
of  your  abilities  the  office  of  Legislators. 

At  Request  of  Messieurs  Cato  West,  Thomas  M.  Green,  John 
Burnet,  Thomas  Calvet,  Henry  Hunter,  and  James  Hogget,  I  have 
this  22d.  day  of  September,  attended  at  Government  House,  and 
administered  unto  them  the  above  Oath. —  Anno  Domini  1800 — 

(signed)  Winthrop  Sargent. 

Governour  Mississippi  Territory 


288  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Samuel  Dexter. 

Mississippi  Territory 

October  the  1st-  1800 
Sir, 

My  communications  even  upon  Indian  affairs  though  more 
properly  perhaps  appertaining  to  the  Department  of  War  have 
generally  sir,  been  addressed  to  the  secretary  of  State,  with  re- 
quest for  their  communication  as  might  be  proper  —  They  have 
been  Voluminous,  and  contain  notice  of  the  urgency  of  the  Choc- 
taw Indians  for  charity —  their  high  expectations  founded  upon 
Letters  of  the  American  Commissioner,  Mr.  Ellicott —  their  cha- 
grin, and  my  apprehensions  from  their  Disappointment — that  our 
Planters,  subjected  to  long  continued  suffering  from  the  Devasta- 
tions of  the  Indians  Visiting  in  the  Character  of  Friends,  would 
resist  with  violence  the  enormous  reiterated  Demands  upon  their 
property,  and  make  of  them  open  and  avowed  Enemies. 

I  have  presumed  to  advise,  that  certain  Stipulations  should 
be  entered  into —  that  some  annual  allowance  should  be  made 
them,  either  in  consideration  for  Lands,  or  as  charity,  and  in  ful- 
filment of  the  promises  which  Mr-  Ellicott  had  made. 

I  have  pointed  out  some  of  the  Inconveniences —  the  Misfor- 
tunes which  may  accrue  from  the  System  of  Indian  Regulation  in 
the  Southern  Department. 

That  the  Governour  being  the  Lawful  superintendent,  in  Vir- 
tue of  his  (Controuling)  Powers  may  thwart  the  best  dispositions 
of  Colo.  Hawkins —  that  the  acts  of  the  United  States  which  had 
taken  away  his  Supremacy  as  principal  Indian  Agent,  in  the 
event  might  deprive  Government  of  the  services  of  a  most  Re- 
spected Character,  and  eminently  Calculated  for  his  situation 
amongst  the  Creeks —  that  legislative  interposition  seemed  to 
me  essential  to  Continue  him,  and  prevent  the  clashing  between 
us. 

Colo.  Hawkins  Communicates  with  the  Choctaw  Indians  en- 
tirely independent  of  the  Governour  of  this  Territory —  He  has 


GOVERNOR  WINTHROP  SARGENT.  289 

the  Power  I  believe  to  Constitute  agents  under  him  who  have 
not  the  obligation  to  Report  unto  me,  as  has  been  ordered  for  the 
Gentlemen  appointed  by  the  President  to  the  Choctaw  Nation, 
and  with  all  the  Responsibility  of  superintendent  "ex  officio"  of 
the  whole  southern  Tribes. 

I  may  not  only  be  uninformed  of  the  affairs  of  distant  In- 
dians, of  Consequence  for  me  to  know,  but  of  the  Choctaws  also, 
and  in  matters  highly  important  to  the  safety  and  welfare  of  the 
Territory —  Colo-  Hawkins  nor  the  agent  with  the  Chickasaws, 
or  Cherokees —  or  a  Mr.  Mitchell  appointed  I  believe  by  the 
Colonel  and  itinerant  (it  seems)  report  unto  me,  though  the 
Indians  with  whom  they  are  Resident,  are  not  unfrequently  stir- 
ring up  sedition  among  the  Choctaws. —  Application  has  lately 
been  made  unto  me  for  the  Recovery  of  some  Negroes,  plundered 
a  few  years  since  and  taking  refuge  with  the  Garrison  at  the 
Chickasaw  Bluffs1 —  They  were  claimed  by  the  Cherokee  Indians 
—  the  matter  laid  before  me  by  the  Commandant  of  the  Regu- 
lar Troops  within  this  Territory  for  adjudication,  and  about  the 
same  Time  Submitted  by  the  officer  at  the  Bluffs  to  an  agent 
with  the  Cherokees  — I  had  only  Time  to  suspend  a  decree  which 
I  had  then  thought  proper,  and  which  I  embraced  to  prevent  un- 
favourable impression  upon  a  people  apt  enough  at  finding  out  the 
imperfections  of  a  System  which  has  full  oft  I  believe  subjected 
them  as  well  as  the  United  States  to  Imposition. 

I  had  flattered  myself  in  Consequence  of  some  Communica- 
tions long  since  received  from  the  General  Government,  that  this 
subject  would  have  received  the  due  attention —  Hope  is  revived 
Sir,  under  your  administration,  and  I  trust  that  to  the  Responsi- 
bility of  Superintendent  if  Continued  to  be  attached  to  the  Office 
of  Governour  the  necessary  accompaniments  will  be  added. 

Policy  seems  to  dictate  that  the  Officer  who  should  preserve 
an  Influence  in  Peace  and  War  over  the  Indians  should  be  Con- 
sidered by  them  as  the  Fountain  of  all  their  Good,  or  at  least 


1  Present  site  of  Memphis. 
19 


290  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

the  Channel  through  which  Charity,  the  Donations  of  Govern- 
ment are  to  flow —  but  the  reverse  of  this  has  been  Observed — 
Subaltern —  Noncommissioned  Military  Officers —  in  some  in- 
stances, who  were  here  to  day  and  gone  to  morrow,  whose  Influ- 
ence with  Indians  could  nought  avail  Government  have  been  sup- 
plied with  the  means  of  feeding  and  clothing  them,  whilst  the 
legal  Superintendent  could  not  command  for  them  a  single 
Ration —  That  practice  however  it  appears  has  of  late  been  re- 
strained, but  some  PRESENTS,  I  am  informed  are  now 
ordered  immediately  to  the  Choctaw  Indians  to  the  disposal  of 
the  Agent,  of  which  it  seems  to  me,  I  should  have  been  advised 
from  the  proper  Department  — Indeed  sir  I  presume  to  believe 
that  all  affairs  whatever  of  the  Indians  over  whom  I  am  to  retain 
a  Superintendency,  should  be  managed  through  me,  for  otherwise 
in  Justice,  I  ought  not  to  be  Responsible. — 

Agents  though  appointed  by  the  President,  under  particular 
Circumstances,  perhaps  might  be  suspended  by  the  Superintend- 
ent—  our  Distance  from  the  seat  of  Government  the  Reason —  I 
have  had  Occasion  formerly  to  Complain  of  one  for  aiding  an 
offender  to  escape  from  the  Justice  of  this  Territory. 

The  motive  for  this  Address  being  the  Public  Weal,  I  assure 
myself  you  will  pardon  my  so  long  engaging  your  attention, 
I  have  the  honour  to  be  sir, 
most  Respectfully, 
your  obedient,  humble  servant, 

(signed)   Winthrop  Sargent. 

The  Honourable  Secretary  of  War 


To  the  Speaker  of  the  House  of  Representatives. 

Cottage  Bellemont  Plantation 
Morning  of  October  3d—  1800 
Sir, 

I  acknowledge  your  Notice  of  the  opinion  of  the  honourable 
house  of  Representatives,  "that  the  Election  of  the  Member 


GOVERNOR  WINTHROP  SARGENT.  291 

from  Washington  County  has  been  illegal,  with  the  Recommenda- 
tion that  a  Writ  of  Election  should  Issue  to  provide  for  the  at- 
tendance of  a  Member  at  the  next  session" 

My  Copy  of  the  supplemental  Law  for  the  Government  of  the 
Mississippi  Territory  being  now  before  the  house,  I  can  not  Con- 
veniently refer  thereto,  but  if  my  memory  serves  me,  the  Powers 
which  had  been  delegated  to  the  Governour  for  the  issuing  of 
Writs  of  Election,  are  abrogated  by  that  Law — 

Should  however,  the  Territory,  in  the  opinion  of  the  house, 
be  liable  to  Injury  or  Inconvenience —  or  the  advancement  of 
the  new  order  of  Government  retarded,  by  the  delay  which  a  ref- 
erence to  Congress  would  necessarily  Occasion,  I  will  concur  in 
Recommendation  to  the  people  of  Washington  County  for  a  New 
Election,  and  earnestly  solicit  that  the  Measure  shall  be  legal- 
ized—  Under  my  present  View  of  the  Business,  this  sir,  seems 
all  that  I  can  do,  without  an  assumption  of  Power,  which  my 
own  Judgment  would  Condemn,  and  which  the  Wisdom  of  the 
house  I  am  sure,  could  not  approve —  I  have  the  honour  to  be, 
Sir, 

your  most  obedient, 

(signed)  Winthrop  Sargent 
The  Speaker 

of  the  honourable  house  of  Representatives 


To  Gov.  Sargent  from  the  Speaker  of  the  House. 

Natchez  Representative  Chamber 
3d.,  of  October  1800— 
Sir, 

The  house  received  your  Excellency's  Polite  answer  to  their 
Message  of  Yesterday  Respecting  the  Election  of  a  Member  for 
the  County  of  Washington,  and  from  your  proposals  of  Recom- 
mending to  the  people  of  that  County,  to  hold  a  new  Election  for 
that  purpose,  and  of  your  laying  it  before  the  General  Govern- 


292  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ment  in  expectation  that  it  may  be  Legalized,  which  Proposition 
hath  induced  the  House  to  presume  that  it  may  be  equally  Con- 
sistant  to  Countenance  the  Election  already  held. 
I  have  the  honour  to  be  sir  your 
Excellency's 

Most  obedient  Humbl- 
Servant — 
His  Excellency  Speaker  * 

Winthrop  Sargent 
Govr. .  Mississippi  Territory — 

The  foregoing  was  handed  to  the  Governour  by  Messieurs 
Hutchins,  and  Burnet  of  the  house  (omitted  to  have  been  signed 
no  doubt  accidentally). 

The  Governour  Verbally  Replied  that  the  honourable  house 
must  have  misunderstood  him  in  supposing  he  had  proposed  the 
Recommendation  for  a  New  Election  and  with  the  Expectation 
it  might  be  Legalized,  for  he  had  only  intended  an  assurance 
of  Concurring  with  the  house  in  such  Measures  as  emergency 
should  seem  to  them  to  demand — 

That  if  a  Request  was  made  unto  him  in  form  to  solicit  the 
Legalization  of  the  Election  already  had,  it  would  be  a  duty  to 
lay  it  before  the  General  Government  but  there  was  in  his  view 
a  Very  essential  difference  between  the  same  and  such  as  might 
be  obtained  upon  the  Concurrent  Recommendation  of  the  house 
and  Governour  in  evident  disposition  to  meet  as  fully  as  possible 
the  seeming  intention  of  the  Law  to  Regulate  Elections  within 
the  Territory — 

This  Measure  at  the  Time  appeared  to  have  the  full  approba- 
tion of  Mr.  Burnet,  but  of  the  proceedings  of  the  house  there- 
upon, the  Governour  has  not  been  informed. 

1  Henry  Hunter  was  Speaker  of  the  House. 


GOVERNOR  WINTHROP   SARGENT.  293 

To  Judges  Lewis1  and  Bruin. 

Bellemont  Plantation 

October  4th—  1800— 
Gentlemen, 

From  a  statement  made  unto  me  by  Captain  Vidal  Command- 
ing his  Catholic  Majesty's  Post  of  Concord  it  seems  that  a  Mr. 
Philip  Nolan  of  this  Territory,  is  preparing  to  enter  the  Province 
of  Louisiana  in  a  Manner  that  may  disturb  the  Amity  subsisting 
between  the  United  States  and  Spain,  and  which  Duty,  as  well 
as  sound  Policy,  dictate  unto  us  to  preserve — 

Under  the  Apprehension  of  Political  Evil  it  is  Wisdom  I 
believe  to  use  preventives,  in  which  Faith,  I  inclose  unto  you, 
Captain  Vidals  Statement,  nothing  doubting  your  disposition  to 
pursue  the  most  Energetic  Measures  to  preserve  peace  to  our 
Country  and  the  Dignity  of  Government — 

I  will  thank  you  Gentlemen  to  acquaint  me  with  your  Pro- 
ceedings in  the  Premises,  as  soon  as  is  Convenient,  and  am, 

with  very  much  Respect, 
Gentlemen, 

your  obedt.  Humbl.  servant 
(Signed)   Winthrop  Sargent 
Honourable  Judges,  Lewis  &  Bruin. 


Appointments. 


The  Court  of  General  Quarter  Sessions  for  the  County  of 
Adams  having  Recommended  to  his  Excellency  the  Governour, 
Joshua  Howard  &  Anthony  Hoggett  Esquires  as  proper  to  be 
appoint  Inspectors  of  Cotton  Gins  &c —  were  by  him  approved 
and  Commissioned  accordingly  the  6th. .  day  of  October  1800 — 

He  was  pleased  also  to  appoint  John  Peirce  Esquire  Coroner 
for  the  County  of  Washingtin  (Vice  John  McGrew  Esquire  who 
declined  accepting  the  office)  to  whom  he  granted  a  Commission 
in  the  usual  form  dated  the  6th . .  of  October  1800 — 

1  Judge  Seta  Lewis,  of  the  Supreme  Court 


294  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Jose  Vidal. 

Mississippi  Territory 
Bellemont  Plantation  Oct.  8.  1800- 
Sir 

In  Continuation  of  that  uniform  system  which  has  been  pur- 
sued by  our  Government  to  preserve  Amity  between  Spain  and 
the  United  States,  I  immediately  laid  your  Statement  of  the  4th . . 
instant  before  the  Territorial  Judiciary. —  Mr.  Nolan1  has  in 
Consequence  been  Commanded  before  them,  but  the  allegations 
against  him,  not  being  supported,  he  was  discharged  by  their 
honours  — 

I  am  happy  to  be  informed  that  this  measure  with  Mr.  Nolans 
assurances  that  he  had  no  hostile  intention  towards  Spain  has 
fully  satisfied  you  as  to  the  Proceeding  of  the  Judges  and  myself 
in  behalf  of  our  Government —  and  the  Justice  due  yours. 
I  am  sir, 

with  much  Esteem 
your  obedient 

humble  servant 
Captain  Vidal  (signed)  Winthrop  Sargent 

Post  of  Concord  Louisiana — 


To  Henry  Hunter.2 

Friday  Morning  10th. .  of  Octr.  1800— 
10  OClock  A.M. 
Sir 

I  have  just  now  been  favoured  with  your  letter  of  Yesterday, 
asking  in  the  name  of  the  Honourable  house,  that  their  nomina- 
tion for  the  Council.3  should  be  transmitted  by  me  to  the  Sec- 

1  Philip  Nolan  was  charged  with  a  filibustering  expedition  against  Spain. 
He  lost  his  life  in  1801  near  the  present  site  of  Waco,  Texas. 

2  Speaker  of  the  House  of  Representatives. 

8  The  Territorial  Council  was  appointed  by  the  President,  on  nomination 
of  the  House  of  Representatives. 


GOVERNOR  WINTHROP  SARGENT.  295 

retary  of  State;  and  I  request  you  to  assure  them,  that  I  will 
Comply  therewith. 

This  Letter  has  been  Accompanied  by  Notice  from  the  Hon- 
ourable House  of  my  address  of  the  22d.  Ult:  with  an  apology 
for  delaying  attention  thereto,  but  which  was  unnecessary,  be- 
cause I  have  not  been  uninformed  of  the  Embarrassments  of  Gen- 
tlemen, and  have  the  Disposition  always  to  apply  the  most  favour- 
able constructions. 

Am  at  a  Loss  to  know  the  Intention  of  the  Honourable  House 
in  Stating  to  me,  upon  such  an  Occasion,  that  Misrepresentations 
have  been  made  to  the  General  Government  of  Members  in  their 
honourable  Body —  it  Certainly  cannot  apply  to  my  address, 
which  is  replete  of  Conciliation,  and  the  most  profound  Respect 
—  no  Cause  for  Crimination  I  had  fondly  believed. 

The  Returns  of  the  Sheriffs —  and  Certain  papers  Relative  to 
Colo.  Hutchins,  appertain  to  the  Secretary's  office,  and  tis  Re- 
quested may  be  Returned. 

I  have  the  honour  to  be, 
Sir, 

with  due  Consideration, 

your  very  humble  servant, 
Colo.  Henry  Hunter  (Signed)  Winthrop  Sargent. 

Speaker  of  the  Honourable 
house  of  Representatives — 


To  John  Marshall. 


No.  38-  Mississippi  Territory 

October  13th—  1800— 
Sir 

In  the  Common  order  of  Communication  through  the  terri- 
torial Secretary,  Congress  might  remain  uninformed  of  the  Prog- 
ress in  the  second  Stage  of  Government  that  they  have  ordered 
during  the  whole  of  the  coming  session,  which  under  exist- 


296  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ing  Circumstances  of  no  inconsiderable  Discontent,  that  I  verily 
believe  as  growing  into  Consequence,  it  is  my  Official  Duty  to 
provide  against,  and  keep  them  advertized  of  Public  proceeding 
interesting  to  all  this  people,  and  which  I  shall  endeavour  to  do, 
in  manner  as  little  tedious  as  my  situation  will  admit. 

The  enclosed  papers  Sir,  perhaps  may  better  effect  the  Inten- 
tion than  any  narrative  of  my  own —  and  I  take  leave  to  preface 
them  with  Notice  that  I  did  not  receive  the  supplemental  Act 
for  the  Government  of  the  Mississippi  Territory,  until  the  24th — 
of  June.  — 

No.  1.  Is  my  Proclamation  for  the  Elections  in  the  several 
Counties —  I  took  the  advantage  of  a  Return  Express  to  the 
Choctaw  Nation  (in  the  Spirit  of  that  Economy  which  has  been 
ordered  for  me)  to  transmit  it  to  Washington  County,  and  but 
that  his  horse  died  upon  the  way  the  same  would  have  been  in 
season. 

No . .  2 — The  returns  from  the  Sheriffs  of  the  several  Coun- 
ties. 

No. .  3, — Contains  Papers  A,B,C,D,E,  important  to  the  Pri- 
vate, as  well  as  Political  Character  of  Mr.  Hutchins  one  of  the 
Candidates  of  Adams  County,  and  which  were  submitted  to  the 
house  in  Connexion  with  the  Sheriffs  Return, —  Mr.  Banks,  an- 
other of  the  Candidates,  the  Sheriff  did  not  return  as  a  Represen- 
tative, because  he  adduced  no  Proof  to  have  been  a  Citizen  of 
the  United  States  the  Required  Time,  or  that  he  was  qualified  by 
property —  to  the  House  he  produced  a  Deed  for  two  hundred 
Acres  of  Land  but  the  Acknowledgement  bore  date  two  days  only 
antecedent  to  their  sitting,  and  of  Course,  long  subsequent  to  his 
Election, —  Those  Gentlemen  are  declared  by  the  House  to  be 
Representatives,  but  they  have  not  Acquainted  me,  upon  what 
Principle  they  were  Admitted. 

No . .  4, — Is  my  Notification  to  those  Returned  as  Representa- 
tives to  Convene  upon  the  Day  which  had  been  ordained  by  Law — 
as  also  an  Invitation  to  the  Candidates  generally  to  assemble — 


GOVERNOR  WINTHROP   SARGENT.  297 

Mr —  Dunbar1  however  declined,  expressing  to  me  that  he  could 
make  no  Claim,  probably  because  he  had  never  been  a  Citizen  of 
the  United  States,  and  our  District  was  not  of  three  years 
standing. 

No  . .  5 —  My  address  to  the  House  of  Representatives. 

No  .  .6 —  Letter  from  the  Speaker  announcing  the  Member 
from  Washington  County  illegally  Elected,  and  Recommending 
to  the  Governour  to  issue  a  new  Writ  of  Election. 

No.  7  Governours  Response  to  No.  6  proffering  to  concur 
with  the  house  in  recommending  to  the  people  of  Washington  to 
make  a  new  Election  and  solicit  Congress  to  legalize  the  same, 
provided  in  their  opinion  the  Measure  was  essential  to  the  Inter- 
ests of  the  Territory. 

No.  8 —  Letter  from  the  Speaker,  signifying  the  opinion  of 
the  House,  that  it  might  be  equally  Consistent,  in  Congress  to 
legallize  the  Election  already  had,  as  any  that  should  be  made  in 
Consequence  of  the  Recommendation  proposed —  with  the  Gov- 
ernours sentiments  upon  the  distinction,  Expressed  to  two  of  the 
Members,  who  had  waited  upon  him  with  this  Letter,  and  which 
has  since  been  committed  to  Writing —  The  Washington  Mem- 
ber Returned  home  before  the  close  of  the  session,  and  no  Com- 
munication has  been  made  by  the  house  to  the  Governour  of  the 
mode  proposed  to  obtain  the  Representation  from  that  County — 
Mr.  McGrew  the  Gentleman  elected  has  had  no  agency  in  Busi- 
ness before  the  house —  so  he  has  declared  to  the  Governour. 

No.  9.  A  Letter  from  the  Speaker  to  the  Governour,  enclos- 
ing a  nomination  for  the  Legislative  Council,  Requesting  that  it 
might  be  transmitted  to  the  Department  of  State. 

No. .  10. .  The  answer  of  the  house  of  Representatives  to 
the  Governours  Address. 

No.  11.  A  Letter  to  the  Speaker  acknowledging  to  have  re- 
ceived the  the  nomination  for  the  Council,  with  assurance  that  it 
should  be  transmitted  agreeably  to  the  Request  of  the  house —  In 
this  Letter  I  could  not  but  notice  to  the  Members  some  very  dis- 

1  William  Dunbar. 


298  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

cordant  matter  in  their  Response,  and  foreign  to  the  Conciliatory 
Intention  of  my  address. 

With  a  great  deal  of  Cause  for  displeasure,  at  some  of  the 
Characters  in  the  honourable  house,  upon  their  misrepresenta- 
tion of  myself  and  the  Judges  to  Congress  as  Committee  men,1 
I  essayed  to  sacrifice  every  feeling  the  natural  Consequence  there- 
of and  which  might  militate  aught  against  the  Public  Tranquil- 
lity; and  right  happy  should  /  have  been,  to  have  been  met  by 
the  Disposition  to  harmonize. 

In  this  Communication  sir  it  may  be  proper  for  me  to  note, 
that  in  Adams  County,  the  number  of  Voters  for  Representatives, 
have  been  stated  to  me  one  hundred  and  fortytwo,  in  Pickering 
County,  ninety  two,  and  in  the  County  of  Washington  seventy- 
two. 

I  have  the  honour  to  be  sir, 
with  high  Respect 
your  most  obedient 

humble  servant, 
(signed)  Winthrop  Sargent 
Honourable  Secretary  of  State, 


To  William  Dunbar. 

Cottage  Bellemont  Plantation 
20th—  of  October  1800— 
Sir, 

I  have  delayed  to  Respond  to  your  Letters  of  the  22d.  Ult: 
and  12th —  Instant,  announcing  your  intention  of  Resigning  the 
offices  of  Presiding  Justice  of  the  Court  of  General  Quarter  Ses- 
sions of  the  peace,  and  Judge  of  Probete,  to  give  Effect  to  the 
opinions  of  your  Friends  and  the  Friends  of  Order,  upon  a 
Measure  that  must  be  attended  with  very  injurious  effects  to  our 

1  Several  members  of  the  House  had  been  members  of  the  West  Com- 
mittee. 


GOVERNOR  WINTHROP  SARGENT.  299 

little  Community  and,  which,  diffident  of  your  own  abilities,  you 
seem  not  to  be  enough  aware  of. 

I  can  readily  admit,  and  I  am  sure  no  man  will  more  Regret, 
that  your  Official  Duties  must  interfere  with  the  laudable  pur- 
suits of  science —  Studies  pleasurable  to  yourself,  and  acknowl- 
edgedly  of  much  Public  Utility. — 

That  a  young  family,  most  deservedly  dear  to  you,  have  strong 
Claims  upon  your  Attentions,  and  that  the  unjustifiable  attacks 
so  notoriously  made  upon  you  for  the  Conscientious  Discharge 
of  Territorial  Obligation  is  strongly  marked  with  base  ingrati- 
tude for  the  services  which  I  bear  Testimony  you  have  rendered 
to  this  Infant  Country — 

But  consider  Sir,  who  are  to  be  affected  by  your  Resignation 
—  May  not  the  Example  be  followed  by  almost  every  man  in 
office?  The  Malevolent  and  the  licentious  would,  no  doubt  be 
well  pleased,  but  the  peaceful  Citizen, —  the  Friends  of  Good 
Government,  and  which  I  trust  are  a  Majority  within  the  Ter- 
ritory, would  feelingly  lament  your  withdrawing  yourself  from 
the  Bench,  at  a  crisis  more  than  Commonly  urgent  for  Virtue 
and  abilities  in  Office. 

The  Murders  Robberies  and  other  Enormous  Crimes  Commit- 
ted within  this  Territory —  and  which  have  far  exceeded  any 
thing  within  my  Observation  in  much  more  Populous  Countries, 
imperiously  Command  the  Collected  Wisdom  and  Energy  of  the 
Government  to  Suppress. 

Those  important  and  Melancholy  Truths  are  solemnly  submit- 
ted for  Consideration,  and  in  the  Result,  with  your  Determination 
I  shall  accord. 

I  am  truly  sir, 

with  Continued  Esteem, 

your  Obedient  humble  servant, 

Signed  Winthrop  Sargent 
P.S. 

I  have  herein  as  you  will  Observe  my  Dear  Sir,  Departed 
from  a  general  Rule  "  to  press  no  man  to  Continue  in  Office," 


300  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

but  I  stand  justified  to  myself,  by  a  sense  of  Duty  to  the  Public, 
and  the  Loss  they  must  unavoidably  sustain,  from  your  Resig- 
nation in  the  present  Moment. 

(Signed)    Winthrop  Sargent 
William  Dunbar  Esquire 


To  John  Marshall. 


No. .  39.  Mississippi  Territory 

October  21st—  1801  (1800) 
Sir 

I  take  leave  to  transmit  you  the  Copy  of  Presentments  made 
by  the  grand  Inquest  at  the  last  Session  of  the  Supreme  Court,1 
in  order  that  the  Sentiments  of  no  inconsiderable  part  of  the 
most  Respectable  Characters  in  our  little  Community,  may  be 
thus  Communicated  to  the  General  Government  if  you  shall 
deem  proper — 

I  will  not  dilate  upon  the  Merits  and  Consequences  of  the  Gen- 
tlemen making  those  Presentments  or  the  former  Ones,  that  have 
been  laid  before  Congress  by  a  Mr.  Hunter  (In  the  original  Pre- 
sentments, a  Copy  of  which  is  in  the  office  of  the  Secretary  of 
State — Congress —  the  Laws  of  the  United  States —  the  Gov- 
ernour  as  Executing  those  Laws —  with  a  vast  Volley  of  &cs-  are 
all  presented  as  Grievances)  —  apparently  trimed  for  party  pur- 
poses, and  Published  at  the  Seat  of  Government  by  Authority — 
Enquiry  which  seems  the  unavoidable  Result,  will  no  doubt  Class 
man  and  Matter  in  their  order —  and  I  verily  believe  that  there 
are  but  few  Characters  indeed,  with  any  just  Pretensions  to 
Consequence  from  the  Endowments  of  Nature,  or  any  Adventi- 
tious Causes,  and  who  were  Signers  to  the  Jury  Representations 
(so  partial  a  Published  Statement  of  which  has  recoiled  upon  us 

1  These  documents  will  be  found  at  pages  47-50  of  "Papers  in  Relation 
to  the  Official  Conduct  of  Governor  Sargent." 


GOVERNOR  WINTHROP   SARGENT.  301 

in  this  Country)  that  do  not  most  fully  Accord  in  the  propriety 
and  Justice  of  the  Enclosed  Presentments. 

By  this  Post  Sir  I  have  sent  on  a  nomination  for  the  Legis- 
lative Council  of  the  Territory,  made  by  the  house  of  Representa- 
tives, and  I  think  it  a  Duty  to  observe  that  there  seems  an  un- 
necessary, as  well  as  general  lack  of  the  Attributes  which  the 
very  name  implies  as  essential  to  the  Office —  an  Evident  inten- 
tion to  exclude  Men  of  sense  and  Letters —  Melancholy  Consid- 
erations indeed,  to  myself  and  those,  whose  lives  and  Fortunes  are 
thus  Jeopardized. 

I  have  the  honour  to  be  sir, 
Most  Respectfully 
Your  obedient 

humble  servant. 

(Signed)  Winthrop  Sargent 
The  Honourable  Secretary  of  State 


To  Henry  Hunter. 

Grove  Plantation 
Evening  of  November  12th—  1800— 
Sir, 

A  Hand  Bill  addressed  to  the  Public,  signed  by  every  Member 
of  the  House  of  Representatives,  and  formally  transmitted  to 
me  this  Morning  by  one  of  the  Honourable  Members,  I  am  not  at 
Liberty  to  Consider  a  Dead  Letter,  but  in  my  sense  of  Duty,  am 
bound  to  notice. 

Virtually  as  a  house,  those  Gentlemen  have  assumed  to  make 
Statements  which  to  my  View,  imply  a  Complete  Management  of 
the  whole  Legislature,  and  which  no  human  Authority  Could 
vest  in  us  collectively,  but  with  a  Lease  of  Lives  and  Places,  dur- 
ing the  Temporary  Government;  My  silence  might  possibly  be 
construed  into  fullest  assent,  and  implicate  me  in  severest  Cen- 
sure,   for  though  the  Gentlemen  do  not  announce  themselves  as 


302  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

a  Branch  of  the  Legislature,  yet  if  there  be  any  distinction,  it 
seems  to  me  without  a  Difference. 

They  are  undoubtedly  the  proper  Guardians  of  their  own  hon- 
our and  Conduct,  but  nevertheless,  will  not  I  trust  take  it  amiss, 
in  a  Communication  intended  only  for  themselves,  that  I  should 
observe  it  has  always  been  Considered  derogatory  to  the  Dignity 
of  Public  Bodies,  to  notice  anonymous  writings,  in  the  style  and 
Manner  of  the  Hand  Bills, —  it  opens  a  broad  Avenue  to  Retort 
and  Satire,  with  many  other  obvious  and  unpleasant  Conse- 
quences. 

The  writer  in  "Greens  impartial  Observer"  undersigning  him- 
self "  a  Friend  of  the  people,"  is  to  my  View  incorrect.  Every 
prudent  Man  I  believe  makes  his  Calculations  of  Expense  that 
may  be  incidental  to  undertakings  in  which  he  is  materially  in- 
terested, whether  they  be  of  a  Public  or  private  nature,  and  gen- 
eral Experience  has  shown,  that  such  Estimates  too  often  fall 
short  of  Actual  Charges;  under  this  Rule  I  have  myself  counted 
Costs,  with  much  Data  from  the  Operation  of  the  second  Grade 
of  Government  in  the  Northwestern  Territory,  and  which  though 
otherwise  attainable  by  the  Members  of  the  Honourable  House, 
I  cannot  upon  the  present  Occasion  forbear  offering  in  the  Aggre- 
gate—  It  amounts  to  full  information,  and  from  a  very  Respect- 
able Member  of  the  Legislature  of  that  Territory,  that  an  Esti- 
mate, (not  including  the  Expense  of  a  Member  to  Congress)  and 
equal  to  twentyfive  thousand  dollars,  had  been  found  inadequate 
to  Exigencies,  and  as  our  Citizens  seem  now  in  the  high  Road  of 
Enquiry,  this  will  probably  soon  become  matter  of  notoriety. 

I  will  only  further  add,  that  the  Compensation  to  Territorial 
Representatives  from  a  Treasury  upon  which  they  can  have  no 
Claim,  is  believed  to  have  been  Admitted  upon  the  Principle  of 
Charity,  the  Incompetency  of  the  People  to  the  Expense,  and  that 
the  second  Grade  of  Government,  was  the  Effect  of  the  General 
Ordinance —  not  a  special  solicitation  from  a  Country  boasting 
of  an  annual  Income  of  seven  Hundred  and  fifty  thousand  Dol- 


GOVERNOR  WINTHROP  SARGENT.  303 

lars —  "extremely  anxious  of  a  Legislative  Assembly,  and  entire 
Competency  of  Resources." 

I  have  the  honour  to  be  sir, 
with  unfeigned  wishes  for 
such  Measures  as  shall  produce 
most  general  contentment, 
and  Respect  for  yourself, 
your  obedient 
(signed)  Winthrop  Sargent 
Colo.  —  Hunter  Speaker 

of  the  house  of  Representatives 


To  John  Marshall. 


No.  40-  Mississippi  Territory 

November  12th—  1800— 
Sir, 

In  conformity  to  an  order  of  the  Court  of  General  Quarter 
Sessions  of  the  peace  of  Adams  County  the  Enclosed  Present- 
ments have  been  laid  before  me —  Requesting  if  I  read  them 
right,  that  a  statement  of  the  unhappy  situation  of  this  Country, 
in  Consequence  of  the  Supplemental  Act  for  our  Government, 
should  by  me  be  Respectfully  offered  for  the  Consideration  of 
the  honourable  Congress —  nothing  doubting,  that  they  may  be 
graciously  pleased  to  suspend  the  operation  of  the  same,  until 
the  second  stage  or  Order  of  Government,  shall  sufficiently  ap- 
pear to  be  the  wish  of  a  Majority  of  our  Citizens. 

I  have  ever  Considered  it  a  Duty  sir  to  keep  Government  cor- 
rectly informed  of  the  Disposition,  and  the  Conduct  of  the  People 
over  whom  I  preside,  and  under  such  impression,  have  anticipated 
almost  all  the  Wishes  Expressed  in  the  accompanying  Present- 
ments, as  well  as  those  of  the  Grand  Inquest,  at  the  late  Term  of 
the  Supreme  Court,  and  which  I  had  the  honour  to  transmit  by 
the  last  Post. 


304  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  Notification  whence  originated  that  select  Committee,  the 
minority  of  whom  have  so  unwarrantably  assumed,  not  appearing 
with  the  Copy  of  Petitions  and  Papers  borne  by  Mr.  Wests  ac- 
credited agent  to  Congress,1  I  take  leave  now  to  forward —  for 
so  I  Conceive  to  be  the  desire  of  the  Grand  Inquest. 

It  came  to  my  View  through  the  Medium  of  an  officer  of  Gov- 
ernment who  informed  me  that  it  had  accidentally  fallen  into 
his  hands,  and  he  deemed  it  an  indispensable  Duty  to  make  me 
acquainted  with  such  extraoridinary  procedure —  he,  probably 
had  in  View,  the  Indecorum  thereof,  as  well  as  the  very  short 
notice  for  a  general  Convention —  this  was  two  days  only  before 
its  operation,  and  as  I  have  upon  a  former  Occasion  stated  to 
you  sir,  I  have  good  and  sufficient  reason  to  believe  that  a  very 
Considerable  Proportion  of  this  People  were  not  so  early,  or 
indeed  ever  advertized — 

The  object  of  the  notification  it  is  observed,  could  not  by  any 
fair  means  to  be  construed  to  extend  to  a  Change  of  Government, 
and  hence  is  adduced  an  Inference,  that  better  to  Mask  the  usur- 
pation of  Authorities  the  same  had  been  kept  back  from  the  View 
of  Congress,  and  the  Petition  to  that  honourable  Body  is  believed 
to  have  been  very  little  understood  within  the  Territory,  until 
much  Lapse  of  Time  from  its  Effect  with  the  general  Govern- 
ment, when  it  seemed  Insultingly  published  in  our  Gazette,  to 
the  no  inconsiderable  Mortification  of  a  very  Respectable  Class 
of  Citizens — 

A  Copy  had  been  furnished  me  as  I  have  noted  once  before, 
a  few  Days  after  the  original  had  been  taken  on  by  Mr-  Hunter, 
but  the  adverse  and  discordant  Passion,  which  it  seemed  Calcu- 
lated to  inspire  prevented  my  communicating  to  more  than  very 
few  Gentlemen  who  Confirmed  the  sentiment  of  its  very  partial 
Circulation,  and  I  think  it  a  Duty  to  add  that  the  means  of 

1  This  important  presentment  of  the  Grand  Jury  of  the  Supreme  Court 
of  the  Mississippi  Territory  does  not  appear  in  Claiborne's  account  of  the 
charges  made  to  Congress  by  the  West  Committee.  The  Grand  Jury  de- 
nounces Narsworthy  Hunter,  and  the  second  grade  of  government.  It  was 
presented  at  the  October  term,  1800. 


GOVERNOR   WINTHROP   SARGENT.  305 

making  it  general  through  the  Press  were  amply  within  the 
Power  of  the  Committee,  seasonably  enough  to  have  afforded  an 
opportunity  for  objection  to  have  found  its  way  to  Congress  if 
such  had  either  been  the  wish  or  the  Intention. 

In  my  Communications  to  the  Department  of  State  of  Novem- 
ber 1799,  and  sundry  other  Letters  I  noticed  a  Retrocession  of 
most  Respectable  Characters  from  this  Committee  that  in  every 
Point  of  View  the  Territory  seemed  unfitted,  and  generally  unas- 
piring to  the  Change  in  Government  which  the  few  might  be 
about  to  solicit,  and  it  is  the  sentiment  of  almost  every  Rational 
Man  with  whom  I  have  Conversed,  that  had  Congress  but  Post- 
poned to  act  upon  Mr.  Wests  Representations,  the  good  sense  and 
Conciliatory  Conduct  of  the  Majority  would  have  long  ere  this 
prevailed  to  Establish  due  Order  and  Regulation —  a  happy 
Confidence  in  the  Laws  which  should  have  operated  as  preventive 
means  against  the  Manifold  and  enormous  Crimes  which  in  so 
uncommon  a  Degree  has  Disgraced  our  Infant  Country —  and 
that  a  full  share  of  Peace  quiet  and  general  Contentment  would 
at  this  Time  have  been  the  blessed  Consequence. 

A  very  worthy  and  Influential  part  of  the  People  of  the  Mis- 
sissippi Territory-  many  of  whose  names  are  found  in  the  Lists 
of  the  Grand  Juries  making  the  late  Presentments1  — Under 
the  Command  of  habits  acquired  in  a  Government  where  they 
were  per  force  supine,  and  deeming  also,  perhaps  too  Contempti- 
bly of  Mr.  Wests  Committee  and  agent,  had  hitherto  been  silent, 
but  in  the  late  Constitutional  opportunity  which  has  been  afforded 
and  the  imperious  Exigency  of  the  Times —  Convinced  that  they 
were  the  proper  Organ  of  Communication  from  the  most  Popu- 
lous and  the  most  Wealthy  County  in  the  Territory  they  have 
with  fullest  Confidence  in  the  Justice  and  Parental  attention  of 
the  General  Government  respectfully  taken  leave  to  present  their 

1  The  names  of  William  Dunbar,  William  G.  Forman,  Thomas  Wilkins, 
David  Ferguson,  George  Cochran,  George  Overaker,  J.  Hutchins,  William 
Scott,  F.  Zerban,  Philander  Smith,  Henry  Turner,  Charles  Todd,  John  Minor, 
John  Wilson,  Benajah  Osmun,  Daniel  Douglass  and  James  Nicholson  are 
signed  to  the  presentment  of  October,  1800. 

20 


306  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

wishes,  and  their  apprehension  upon  an  Act  which  they  solemnly 
profess  to  believe  will  tend  to  depopulate  our  Country,  most  Ear- 
nestly soliciting,  not  that  the  minority  in  Wealth,  understanding 
and  Numbers  may  be  supremely  gratified,  but  that  the  operation 
of  the  Madate  shall  be  suspended  till  a  change  may  be  demon- 
strated as  the  Wish  of  a  Majority  of  the  People — 

It  has  been  urged  say  these  Gentlemen  in  Favour  of  this 
deprecated  Order  of  Government,  that  former  Presentments  of 
Grand  Juries  (arrogantly  Censorious  of  the  very  highest  Author- 
ity and  Executive  Conduct,  since  Virtually  confirmed  by  that  au- 
thority to  have  been  correct)  "W  a  s  undeniable  Evidence  that  the 
"change  must  be  consistent  with  the  wishes  of  the  People —  es- 
sential to  their  Welfare,  and  truly  congenial  to  the  best  interests 
"of  the  General  Community:"  and  as  there  can  be  no  Doubt  those 
Presentments  had  abundant  Effect,  we  feel  ourselves  fully  Au- 
thorized to  submit  the  sentiments  of  subsequent  Juries,  composed 
of  men,  some  of  whose  Characters  and  Respectability  certainly 
shall  not  be  diminished  by  Comparison,  as  strongly  expressive 
of  the  most  Earnest  Wishes  of  our  Citizens. 

Amongst  other  reasons  Sir,  which  should  perhaps  operate 
to  a  retrospection  of  the  "Act"  for  this  Country,  is  the  inequali- 
ty of  the  provisional  Representation,  produced  either  from  Ig- 
norance or  unfair  intention,  which  as  it  must  continue  until  we 
have  five  thousand  free  male  Inhabitants,  would  no  doubt  become 
a  new,  and  plentiful  source  of  Disquietude. 

Adams  County  it  is  believed  contains  at  least  one  third  more 
souls  than  Pickering,  and  twice  as  much  wealth  as  the  whole 
Territory  beside ;  yet  is  entitled  only  to  an  equal  number  of  Rep- 
resentatives with  Pickering  County —  and  Washington  only  one 
Member,  when  in  the  due  Ratio  with  Pickering  County  it  is 
presumed,  as  no  Census  had  been  taken,  they  ought  to  have  two. 

In  the  first  named  Counties,  populous  as  they  have  been  stated 
to  Congress,  the  whole  number  of  Electors  did  not  exceed  two 
hundred  and  thirty  six —  Men  of  Character,  and  property  —  pro- 
fessional, Commercial  and  others  have  been  excluded  from  Vot- 


GOVERNOR  WINTHROP  SARGENT.  307 

ing  by  the  deficit  of  Landed  Property  which  the  present  Pro- 
visional Law  requires —  English  men  Spaniards  and  Apostatized 
Americans,  it  is  mortifyingly  believed,  are  with  a  few  exceptions, 
-he  only  Persons  entitled  to  this  Privelege. 

I  do  not  myself  admit  the  full  force  of  apostacy  applying  to 
ill  my  Countrymen  here —  there  may  be  causes  to  have  Justified 
;he  Migration  of  some  amongst  them,  but  I  am  not  Chatholic 
anough,  to  View  with  entire  Complacency,  those  who  have  aban- 
doned their  America  in  Peace  or  War  — Such  men  I  scrutinously 
scan,  as  Time  and  opportunity  may  permit;  my  Confidence  to- 
wards them  is  of  slow  Growth,  but  in  some  few  instances  it  has 
been  found  due  to  Patriotizm  in  Exile. 

In  my  Letter  of  the  21st-  of  October  No.  39  I  presumed  to 
observe  to  you  that  there  seemed  an  unnecessary  lack  of  abilities 
in  the  nomination  of  our  Legislative  Council — 

The  honourable  house  of  Representatives  in  their  Response 
to  my  address  have  very  candidly  vailed  for  Abilities  and  decern- 
ment,  and  in  equal  Candour  it  is  believed,  that  the  honourable 
Council  should  Vail  to  them — 

No  man  in  either  of  the  two  Branches  of  the  Legislature  Con- 
templated will  I  presume  make  pretentions  to  reading  in  Juris- 
prudence, and  it  seems  too  generally  Credited  for  Confidence  in 
the  house,  or  the  Contentment  of  this  People,  that  there  had  been 
an  avowed  intention  to  exclude  from  the  Council  "Book  Learning 
with  the  knowledge  of  schools,"  and  it  will  not  be  denied  I  pre- 
sume, that  the  nomination  which  I  have  had  the  honour  to  trans- 
mit, goes  great  lengths  to  confirm  such  Opinion. 

A  Mr.  Ellis  and  Mr.  Binghaman,1  who  are  upon  the  List,  enjoy 
I  believe  a  considerable  share  of  public  Esteem —  they  are  men  of 
Wealth,  and  to  my  View  worthy  Members  of  society,  but  lacking 
the  essential  qualification  of  Legislators  —  their  studies  and  pur- 
suits, seem  to  have  been  turned  to  more  peaceful,  and  more  ad- 
vantageous purposes,  than  Legislating  in  this  Territory, —  They 
will  not  however  it  is  said  consent  to  be  in  the  Commission  of  the 

1John  Ellis  and  Adam  Bingaman. 


308  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Council,  for  they  understand  that  they  were  nominated  to  be 
managed,  and  are  sufficiently  sensible  of  the  indignity. 

Abstract  from  the  Request  Sir,  that  I  should  state  "to  Gov- 
ernment the  real  situation  of  this  Country  as  affected  by  the  ill 
timed  Change"  it  is  certainly  incumbent  upon  me  to  notice  spe- 
cially the  Character  and  Qualifications  of  such  of  their  servants, 
as  might  collectively  have  it  in  their  Power  to  promote  or  injure 
the  General  Weal.1 

My  Letters  numbered  33-  and  36  written  in  Defence  of  the 
aspersed  Conduct  of  Judges  and  Governour,  and  which  I  could 
wish  to  be  read  in  connexion  with  the  late  and  Present  Present- 
ments—  as  far  as  they  shall  be  accredited,  will  go  to  shew  an 
apparent  lack  of  Candour  and  Integrity  in  men  since  elected 
Members  of  the  house  of  Representatives —  and  the  Papers 
marked  No.  3  in  the  Letter  Numbered  30,  which  evidence  so  ex- 
traordinary a  Degree  of  Duplicity,  in  the  Conduct  of  a  Mr. 
Hutchins2  upon  the  Interesting  Subject  of  Land  Titles,  and 
which  were  submitted  with  the  Sheriffs  return  to  the  house — 
having  established  a  very  uniform  and  general  sentiment  upon 
his  Foreign  Engagements3  must  destroy  all  Confidence,  in  those 
who  have  Confirmed  his  Election,  for  by  the  same  parity  of  pro- 
ceeding it  is  inferred,  they  might  Constitute  a  Complete  British 
or  Spanish,  instead  of  an  American  Representation. — 

Mr. .  Hutchins  I  am  told,  has  been  found  under  the  several 
Governments  of  this  Country  heretofore  a  very  active  Engine  of 
Mischief  and  is  also  Represented  to  me  from  Respectable  Au- 
thority, as  unceasingly  essayed  by  insidious  arts  to  oppose  the 
present  administration,  and  attach  an  Odium  to  the  Character  of 
the  Public  servants  in  this  Country  — Military  as  well  as  Civil — 
This  Conduct  towards  the  Governour,  and  which  in  his  Repre- 
sentative  Character   is   of  late   sometimes   shamefully  demon- 

1  The  first  members  of  the  Territorial  Council  were  Adam  Bingaman, 
John  Ellis,  Flood  McGrew,  John  Stampley  and  Alexander  Montgomery. 

2Anthony  Hutchins. 

"Anthony  Hutchins,  at  the  time  of  his  election  to  the  Territorial  Legis- 
lature, was  a  pensioner  of  England.  In  order  to  take  his  seat  he  was  re- 
quired to  relinquish  his  pension. 


GOVERNOR  WINTHROP  SARGENT.  309 

strated,  is  the  Effect  probably  of  having  been  deemed  ineligible 
to  Commission  in  the  spirit  of  our  Constitution,  and  the  Obvious 
propriety  of  Excluding  all  Foreign  Influence —  With  such  a  Rep- 
resentation then  Sir,  which  seems  fully  established  in  the  Prem- 
ises to  be  not  only  wanting  in  Abilities  &cs-  but  very  partial,  the 
prospect  would  be  Gloomy  and  alarming,  though  our  Wealth  was 
even  fully  adequate  to  the  Expense. —  But  'tis  not  true  that  our 
Fortunes  are  prepared  for  the  additional  assessment  which  to  the 
second  Stage  of  Government  will  inevitably  accrue —  The  Pro- 
portions of  the  6040  Dollars,  though  Prisons  and  Public  buildings 
were  acknowledgedly  necessary —  and  it  was  believed  the  Tax 
would  not  be  repeated,  have  produced  much  dissatisfaction  and 
murmuring —  and  are  pronounced  by  Gentlemen  of  Information 
candour  and  Veracity  to  be  Extreme  burthensome  by  a  Compari- 
son with  practice,  and  usages  in  the  United  States. — The  Quota 
thereof,  and  additional  Charges  in  support  of  the  new  Govern- 
ment which  is  to  be  borne  by  the  few  who  have  been  so  active  for 
the  change,  will  be  in  some  Measure  illustrated  by  the  enclosed 
schedule* —  that  may  likewise  serve  to  demonstrate  in  a  Degree, 
how  very  little  of  the  Wealth  has  been  Operative  in  this  insidi- 
ous, and  I  verily  believe  unpopular  Business  also 

The  pecuniary  Effect  which  "the  supplemental  Act "  for  our 
Government  must  no  Doubt  have  upon  the  minds  of  the  Respecta- 
ble Representatives  of  property  from  the  Grand  Juries  who  have 
come  forward  with  the  late  Presentments  is  not,  as  I  trust  I  have 
sufficiently  explained,  the  only  source  of  Disquietude  and  anxie- 
ties, though  that  in  itself,  under  the  present  Circumstances  of 
very  many  of  the  Inhabitants,  would  be  indeed  distressing. 

Upon  this  Subject  as  a  Planter —  with  a  Considerable  Pro- 
portion of  those  Debts  which  I  have  before  stated  to  you,  as  hang- 
ing over  the  heads  of  this  People,  and  implicated  in  an  Equal  part 
with  the  aggregate  number  of  Mr.  Wests  Committee  from  Adams 
County,  I  could  speak  most  feelingly —  but  on  the  present  Oc- 
casion, I  Consider  myself  merely  as  the  Organ  of  the  Juries — 

*  See  next  document. 


310  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

My  statement  is  intended  in  perfect  Conformity  to  the  spirit  of 
their  Request,  as  it  has  appeared  to  my  View  in  the  Copy  of  their 
Presentments,  transmitted  to  me  by  the  honourable  Court, —  and 
it  will  be  candidly  acknowledged  I  trust  by  the  Territory  at  large, 
and  can  not  be  unknown  to  the  General  Government,  that  I  have 
liberally  and  and  uniformly  tendered  myself,  as  in  Duty  bound,  to 
make  known  to  that  Government  all  the  Reasonable  Wants  and 
Wishes  of  this  People. 

I  have  the  honour  to  be, 
Sir, 

with  most  Respectful 

Consideration 
your  obedient 

humble  servant 
(Signed)   Winthrop  Sargent 
The  Honourable  Secretary  of  State 


Schedule  alluded  to  in  the  foregoing. 

Comparative  View  of  Taxes  paid  by  the  Members  of  the 
Grand  Juries  at  the  October  Term  of  the  Supreme,  and  November 
Term  of  the  inferior  Courts  Adams  County  and  Representing  the 
second  Grade  of  Government  as  a  Grievance —  with  those  of  Mr. 
Wests  Committee,  of  the  said  County  who  had  Petitioned  for  that 
Grade —  being  nearly  half  the  number  of  the  Committee. 
The  whole  Estimate  was  . .  Dollars . .  6040. 
The  Members  of  the  Grand   (Jury)   at- 
tending the  Supreme  Court  pay. . . .  600 

Ditto  of  the  Inferior  Court 400 

Members  of  Mr.  Wests  Committee  only  120 
The  above  statement  has  been  taken  from  the  Lists  of  the 
assessors,  and  though  not  descending  to  detail,  is  believed  to  be 
very  Correct —  My  own  Proportion  of  the  6040  Dollars  amounted 
to  1191— 

(signed)  Winthrop  Sargent 

1  The  Governor  is  here  drawing  a  comparison  of  the  amount  of  taxes 
paid  by  the  members  of  the  grand  jury  and  the  West  Committee. 


GOVERNOR  WINTHROP  SARGENT.  311 

Circular  Letter  to  Slave-holders. 

His  Excellency  the  Governour  was  pleased  to  write  the  fol- 
lowing Letter,  and  in  pursuance  of  his  direction,  near  one  hun- 
dred Printed  Copies  of  it,  were  addressed  to  Respectable  Charac- 
ters, and  slave  holders,  within  the  Mississippi  Territory. 

Mississippi  Territory 
Grove  Plantation  Novr.  16th  1800 
Sir, 

I  believe  it  a  Duty  to  Communicate  to  the  Officers  of  the  Ter- 
ritory, and  Slave-holders  within  the  same,  that  an  intended  In- 
surrection amongst  the  Negroes  of  Virginia,  (in  which  fifty  thou- 
sand were  to  have  rose  in  Arms)  is  said  to  have  been  lately  dis- 
covered, and  that  six  of  the  Principal  Blacks  are  already  Exe- 
cuted at  Richmond —  but  my  Correspondent  observes,  that  this 
alarming  Business  probably  had  its  origin  in  foreign  influence, 
and  was  intended  to  extend  throughout  the  United  States —  to 
reiterate  the  horrid  scenes  of  Rapine  and  Murders,  which  have 
been  Practised  in  the  French  Islands —  though  the  Chief  and  Vil- 
lanous  agents  had  not  been  detected  at  the  time  of  his  writing. 

It  is  almost  unnecessary  sir,  after  the  preface  of  this  interest- 
ing Communication  to  Recommend,  to  your  prudence  and  under- 
standing the  utmost  Vigilance  to  your  own  and  the  slaves  of  your 
neighbours —  or  to  suggest  the  impolicy  of  unnecessarily  alarm- 
ing them,  by  informations  upon  a  subject  which  mild  and  wise 
Treatment  may  happily  long  keep  from  their  Views  and  wishes. 

Violent  assaults  upon  the  overseers  of  Mr.  Lintots  and  Mr. 
Moores  slaves,  and  the  severally  wounding  one  or  both,  I  believe 
may  be  judiciously  urged  as  the  motive  for  extraordinary  Circum- 
spection in  the  present  Moment,  and  to  Completely  enforce  the 
Law  against  slaves  retaining  any  Kind  of  Weapons. 

Upon  this  occasion  it  seems  more  than  usually  incumbent 
upon  me  to  demand  from  the  officers  Civil  and  Military  —  and 
all  good  Citizens,  according  to  their  Respective  Duties,  to  use 
their  best  endeavours  to  produce  perfect  submission  to  the  stat- 


312  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

utes  for  the  Regulation  of  slaves  within  the  Mississippi  Terri- 
tory. 

They  will  please  to  Remember  that  upon  Saturday  Evenings 
and  Sundays  when  the  Negroes  of  different  Plantations  assemble, 
devising  means  for  excess  in  strong  drink  and  frequently  mixing 
with  such  as  have  of  late  been  introduced  amongst  us  (some  of 
whom,  it  is  more  than  probable  have  been  actors  in  the  Bloody 
scenes  that  have  already  devastated  whole  Countries,)  we  should 
take  extraordinary  care  to  provide  against  impending  Mischief: 
—  Their  Quarters  and  places  of  Rendezvous  should  at  such  times 
be  particularly  attended  to  by  the  proper  persons  — and  in  the 
approaching  holydays,  and  whenever  indeed  it  may  be  deemed 
necessary,  the  Military  Officers  will  be  pleased  to  use  the  Ample 
Provision  of  Patrols  and  Guards  which  the  General  Orders  have 
Authorized  to  their  discretion. 

Characters  arriving  within  the  Territory,  whose  pursuits  are 
doubtful  should  be  immediately  reported  to  the  Governour —  or 
some  of  the  Officers  in  Commission  for  enquiry  and  investigation. 

A  strict  observance  of  such  Rule  might  be  the  happy  preventa- 
tive means  of  much  and  fatal  Evils. 

(Signed)  Winthrop  Sargent 
Governour 
Mississippi  Territory. 

Bernard  Lintot  Esqr —  William  Dunbar-  Esq.  &c  &c — 


To  Lyman  Harding. 

Natchez  November  18th. .  1800 
Dear  Sir 

The  Presentments  of  the  Grand  Jury  in  which  I  have  been  so- 
licited to  make  Certain  statements  for  the  View  of  Congress, 
might  be  very  much  facilitated  by  the  Kindly  Aid  of  Mr  West, 
and  which  there  can  be  no  doubt  he  must  feel  himself  at  Liberty 


GOVERNOR  WINTHROP  SARGENT.  313 

and  disposed  to  lend  me —  A  View  of  the  Journal  of  the  Commit- 
tee of  which  he  was  the  Chairman,  and  which  from  their  long 
sitting  and  method  in  general  proceeding  that  has  as  yet  been 
offered  to  the  Public,  probably  contain  the  Entries  of  all  the  Let- 
ters of  Credence  of  the  Members,  and  indeed  every  important 
paper  and  Transaction,  would  better  enable  me  to  gratify  the 
Wishes  of  Gentlemen  of  the  Jury  and  which  as  it  seems  to  have 
been  yielded  by  Mr.  West  is  Expressive  of  Popular  will,  he  will 
Certainly  gratify  me  in. 

Please  signify  my  desire  with  all  due  Respect,  and  make  me 
acquainted  with  the  Result. 

With  Esteem  I  am, 
Dear  Sir, 

yours  &c 
Mr.  Harding  (signed)  Winthrop  Sargent. 

Attorney  U.  States  &  Territory — 


To  the  Secretary  of  State. 

No.  41.  Mississippi  Territory 

November  20th—  1800— 
Sir 

I  beg  leave  to  advertize  Government  through  the  Department 
of  State,  that  this  Country  Continues  without  "Stamped  Vellum 
Parchment  and  Paper"  diminishing  thereby  in  a  Small  Degree 
the  Common  Revenue,  and  to  the  hazard  of  unpleasant  Conse- 
quences for  the  People,  if  I  have  read  the  Law  in  Point  cor- 
rectly. 

I  have  before  sir  written  upon  this  subject  to  your  Office — 

I  Embrace  the  Present  Occasion  to  advertize  you.  that  Laws 


314  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

of  the  United  States  passed  at  the  last  Session  of  Congress  have 
not  been  Received  in  the  Territory — 
And  am  Sir, 

With  most  Respectful 
Consideration, 

your  obedient 

humble  servant, 
(Signed)  Winthrop  Sargent. 
Honourable  Secretary  of  State. 


To  John  Marshall. 


No.  42-  Private,  Mississippi  Territory 

November  20th—  1800— 

Colonel  Clark  Sir  on  the  Finishing  of  his  long  Epistle  in- 
tended for  the  Public  no  doubt,  through  the  Medium  of  Mr.  Clai- 
borne, Represents  the  Governour  of  this  Territory  as  of  "Austere 
appearance —  not  even  anxious  of  Popularity,  and  wanting  that 
kind  of  affability  which  is  necessary  to  draw  the  People  about  his 
Person"1  — and  that  such  were  the  Colonels  real  sentiments  there 
can  be  no  doubt  in  the  minds  of  Gentlemen  acquainted  with  his 
Character,  for  he  was  too  honest  to  express  an  Opinion  foreign 
to  his  heart,  and  too  ingenuous  to  veil  himself  upon  such  an  Oc- 
casion. 

In  a  more  Private  Letter  to  the  Secretary  of  State  (who 
should  Certainly  be  Correctly  informed  of  Public  Servants)  it 
can  not  be  amiss,  that  I  observe  much  Industry  has  been  used  to 
impress  the  people  of  this  Country  with  an  Opinion  of  extreme 
austerity  in  the  Governours  Manners —  Deficit  of  Urbanity,  and 
sovereign  Contempt  for  the  Inhabitants, —  But  that  not  one  soli- 
tary Proof  can  be  brought  forward  to  Establish  such  Hypothesis 
I  pledge  myself —  nay  more,  if  necessary  I  would  undertake  to 
prove  the  Negative  by  most  incontrovertible  Testimony. 

1  Daniel  Clark's  letter  to  W.  C.  C.  Claiborne,  dated  Clarksville,  Mississippi 
Territory,  June  18,  1800. 


GOVERNOR  WINTHROP  SARGENT.  315 

I  take  leave  to  offer  one  Single  Case  in  Point  of  this  iniquitous 
Disposition —  it  is  drawn  from  me  per  force,  and  former  Strong 
Representations  Considered,  I  trust  I  shall  need  no  other  Apol- 
ogy. 

It  occurred  soon  after  my  arrival  in  this  Country  as  follows 

A  Poor  man  and  apparently  under  very  great  embarrassment, 
waited  upon  me  to  solicit  Council  in  some  contested  Matter,  and 
which  being  entirely  out  if  my  Province,  I  frankly  observed  so, 
and  recommended  to  apply  to  some  Gentleman  of  the  Law. — 
he  plead  utter  Imcompetency  to  the  expense,  and  Received  in  Con- 
sequence my  best  advice  in  Language  adapted  to  his  understand- 
ing, and  with  that  "Suaviter  in  Modo"  generally  denied  me,  and 
which  was  to  him  as  unexpected,  as  it  was  gratifying.    , 

He  told  me  that  he  had  never  approached  any  man  under  so 
strong  Impression  of  awe —  he  had  made  his  application  to  a 
Character,  a  pretended  Law  Counsellor,  whose  pecuniary  Con- 
ditions for  advice  would  have  Robbed  him  of  half  his  little  all — 
that  he  had  proffered  to  share  liberally  with  him  but  in  Vain, 
and  as  the  "dernier  Resort"  signified  he  would  solicit  the  Gov- 
ernour,  when  the  Miscreant  declared  to  him  "  'twas  in  vain — 
he  knew  the  Governour  well —  that  he  had  never  spoke  to  a 
Poor  man  in  his  life,  and  that  his  application  would  be  attended 
by  broken  bones  certain,  perhaps  Death  itself." 

A  few  such  men  with  artful  and  insiduous  Management  might 
impress  the  strongest  minds. 

I  candidly  admit  that  I  am  not  "over  anxious  of  popularity" 
according  to  my  acceptation  of  the  Expression —  no  man  how- 
ever more  ardently  desires  the  approbation  of  the  Wise  and  the 
Good  than  myself,  but  I  shall  never  be  so  far  Degraded,  as  to  be- 
come the  Machine  of  the  Multitude. 
I  am  Sir, 

with  most  Respectful  Consideration 
your  obedient 

humble  servant 
(Signed)    Winthrop  Sargent 

The  Honourable  Secretary  of  State — 


316  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Cato  West 

Adams  County 
November  29th—  1800— 
Sir, 

The  wish  of  this  People  that  I  should  state  to  the  proper  De- 
partment the  real  Situation  of  our  Country,  as  affected  by  the 
Change  of  the  Mississippi  Territorial  Government,  brought  about 
by  the  Committee  of  which  you  was  the  Chairman,  and  that  I 
should  transmit  the  Papers  and  Documents  in  Point,  will  I  trust 
sufficiently  apologize  for  my  again  directly  and  more  formally 
soliciting  that  you  would  favour  me  with  a  View  of  the  Journal 
of  the  Committee —  Letters  of  credence  for  the  Members,  and 
any  other  Papers  which  may  tend  to  illustrate  the  rise  and 
Progress  of  Proceedings  in  that  Body —  indeed  a  View  of  all 
the  Papers  of  the  Committee  which  may  have  been  deposited 
with  you  as  their  Chairman  is  desirable —  not  from  mere  Motives 
of  Curiosity,  but  to  enable  me  to  Comply  with  the  wishes  of  the 
People  as  Expressed  in  the  Presentments  of  a  Grand  Jury  of 
Adams  County  made  at  the  November  Term  of  the  Inferior 
Court 

To  send  a  Clerk  to  Copy  those  Papers  is  out  of  my  Power, 
but  I  promise  to  Return  them,  unto  you  in  the  same  order  I  shall 
receive  them,  if  you  will  be  pleased  to  put  them  in  the  hands  of 
Mr.  Sheriff  Ferguson,  whom  I  request  to  take  them  in  Charge — 
sealed  up  if  you  may  so  deem  proper — 
I  have  the  honour  to  be 

Sir, 
with  all  due  Consideration 
your  obedient 

humble  servant, 

(Signed)  Winthrop  Sargent — 
Mr.  Cato  West- 


GOVERNOR  WINTHROP   SARGENT.  317 

General  Militia  Orders  for  Adams  County  Mississippi 
Territory  December  1st,  1800 

Major  Osmun  is  Promoted  to  the  Rank  of  Lieutenant  Colonel 
and  to  Command  the  Militia  of  Adams  County — 

From  the  zeal  and  Militery  Experience  of  this  old  soldier1 
the  due  exertion  of  subordinate  officers,  and  proper  Spirit  of  the 
Men,  The  Governour  Flatters  himself  that  the  Legion  of  the 
County  will  not  only  assume  an  Exact  Military  appearance  but 
become  fully  Competent  to  all  Possible  internal  Demands,  and 
highly  Respectable  as  Citizen  Soldiers — 

Ebenezer  Rees  and  Anthony  Hoggat  Esquires  are  appointed 
Captains—  William  Noble  Galbreath,  James  Griffin,  and  Thomas 
Dawson  Gentlemen  Lieutenants —  Mortford  Calvert,  Anthony 
Calvert  and  Peter  Vandoorcen  Gentlemen  Ensigns, —  They  are 
to  be  Obeyed  and  Respected  accordingly. 

Lieutenant  Colo.  Osmun  will  be  pleased  to  arrange  them  to 
Companies  as  may  best  accord  with  the  General  Standing  Orders 
for  promoting  the  Mutual  Convenience  of  Privates  as  well  as 
officers — 

The  Governour  Cannot  Pass  the  present  Occasion  without 
expressing  his  solicitude  for  one  of  those  Field  Days  which  the 
County  Commandants  are  Authorized  to  name,  and  which  have 
not  yet,  he  believes  been  Advertized  for  Adams  County. 

(Signed)  Winthrop  Sargent 


To  Benajah  Osmun. 

December  lst^-  1800— 
Sir, 

Colo.  Steele  will  transmit  you  the  Commission  of  Lieutenant 
Colo.  Militia  of  Adams  County,  and  I  persuade  myself  from  your 
zeal  of  the  happiest  Effects,  their  Complete  Organization. 

'Soldier  of  the  Revolution  (New  Jersey).  Reg.  Qr.  M.  2d  N.  J.,  1777; 
2nd  Lt.  1778,  taken  prisoner  at  Charleston,  April  24,  1780;  1st  Lt.  1781, 
served  to  close  of.  war. 


318  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Patrols  which  were  long  since  authorized,  and  now  specially 
necessary,  should  in  my  opinion  be  continued  to  the  end  of  the 
holy  days —  The  Planters  whose  fears  are  up,  and  who  are  duly 
impressed  with  the  necessity  of  the  Measure,  have  anxiously 
Expressed  themselves  to  me  thereupon  and  which  will  very  much 
facilitate  this  indispensible  proceeding. 
I  have  the  honour  to  be 
Sir 

your  obedient 
humble  servant 

(Signed)  Winthrop  Sargent 
Lieutenant  Colo-  Osmun 


Commission  to  Lieut.-Col.  Osmun,  and  others. 

His  Excellency  the  Governour  was  pleased  to  Promote  Major 
Benajah  Osmun  to  the  Rank  of  Lieutenant  Colonel  of  the  Militia 
of  Adams  County  to  whom  he  Granted  a  Commission  in  the  usual 
form,  dated  the  first  day  of  December  1800 —  (issued  the  15th.) 

He  was  also  pleased  to  appoint  Ebenezer  Rees  and  Anthony 
Hockett  Esquires  Captains —  William  Noble  Galbreath,  James 
Griffin,  and  Thomas  Dawson  Gentlemen  Lieutenants —  Montford 
Calvert,  Anthony  Calvert,  and  Peter  Vandoorcen  Gentlemen  En- 
sign in  the  Militia  of  the  County  of  Adams,  to  each  of  whom  he 
Granted  a  Commission  in  the  Usual  form,  bearing  date  the  first 
day  of  December  1800 — (issued  the  15th) 

He  was  also  pleased  to  approve  the  appointment  of  Alexander 
Montgomery,  Samuel  Marshall,  James  Truly,  Robert  Miller,  Wil- 
liam Brocus  James  Hyland,  and  James  Ferguson  Inspectors  of 
Cotton  Gins  &c.  for  the  County  of  Pickering,  to  whom  he  Granted 
Commissions  bearing  date  the  first  of  December  1800 — 

He  was  also  pleased  to  appoint  Richard  Lee  Esquire  Protho- 
notary  to  the  Court  of  Common  Pleas,  Clerk  to  the  Court  of  Gen- 
eral Quarter  Sessions,  and  Recorder  for  the  County  of  Washing- 


GOVERNOR  WINTHROP   SARGENT.  319 

ton  and  Granted  him  Commissions  accordingly  bearing  date  the 
1st  December  1800— 

He  was  also  pleased  to  approve  the  appointment  of  Samuel 
Mimms  *  and  William  Coleman  Inspectors  of  Cotton  Gins  &c  — 
and  granted  to  them  Commissions  accordingly  bearing  date  the 
first  of  December  1800 — 


To  Major Pike. 

Grove  Plantation 
gir  Dec.  1st—  1800— 

The  absolute  necessity  of  furnishing  Provisions  (Beef  and 
Bread)  to  the  Indians  visiting  Natchez,  induced  an  Order  from 
General  Wilkinson  previous  to  his  Departure,  that  the  Contractor 
should  be  provided  there  and  attend  to  my  Requisition 

some  Causes  of  late  have  prevented  the  good  Effect  of  such 
arrangement,  and  the  Indians  as  well  as  the  Planters,  are  mur- 
muring in  Consequence —  the  former  because  they  are  not  served 
as  usual,  and  the  latter  because  they  are  Plundered  beyond  the 
common  Usage ; —  which  we  all  know  is  bad  enough  at  best — 

If  you  will  Remedy  this  Evil,  it  will  be  a  general,  as  well  as 
a  particular  Kindness  to  your  Friend 

and  very  humble  servant 
(signed)   Winthrop  Sargent 

Major  —  Pike. 

Commanding  the  Troops.  U.S. —  M.  Territory 


To  the  Speaker  of  the  National  House  of  Representatives 

Natchez  Mississippi  Territory 
December  20th—  1800— 
Sir, 

A  very  considerable  Proportion  of  the  Respectable  Inhabi- 
tants of  this  Territory  and  Representing  most  of  the  Wealth  or 
1  For  whom  Fort  Mims  was  named. 


320  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Property  thereof,  have  Requested  that  I  should  offer  to  the  Con- 
sideration of  the  honourable  Congress  the  enclosed  Petition.1 

The  Communications  which  I  have  already  made  to  the  De- 
partment of  State  bearing  date  the  15th —  of  June  —  25th —  of 
August,  and  a  recent  Statement  to  the  Secretary  upon  Request 
from  two  Grand  Juries  will  I  trust  sufficiently  Explain  to  Gov- 
ernment, the  Variety  of  solicitation  from  the  Mississippi  Terri- 
tory, and  preserve  our  general  Character  from  the  Suspicion  of 
Versatility.  I  respectfully  ask  from  you  sir,  for  and  in  behalf  of 
this  people  that  you  would  obligingly  offer  their  Present  Petition 
to  the  View  of  the  honourable  house  of  Representatives:  — the 
graciously  granting  the  Prayer  thereof  would  I  verily  believe, 
more  than  any  other  Measure  Contribute  to  Produce  Content- 
ment, and  that  Rejecting  it  might  constrain  almost  all  the  Indus- 
trious Citizens  who  can  with  any  Degree  of  Convenience  Change 
Countries  to  Remove  below  the  line,  for  with  our  present  popu- 
lation and  Incompetency  it  is  believed  the  Expenses  of  the  second 
Grade  of  Government  must  be  insupportable —  In  this  Faith  sir, 
it  becomes  my  Duty  earnestly  to  add  my  solicitations  in  behalf  of 
the  Petition  of  this  People — 

I  have  the  honour  to  be  Sir, 
most  Respectfully, 
your  obedient, 

humble  servant, 
(Signed)  Winthrop  Sargent. 
The  honourable  Speaker  of  the  house 
of  Representatives —  U.  States — 


To  the  President  of  U.  S.  Senate. 

Mississippi  Territory 
Natchez  Deer..   20th..   1800— 
Respected  Sir, 

The  enclosed  Petition  signed  I  believe  by  the  Principle  part  of 
the  most  Respectable  Inhabitants  of  the  Mississippi  Territory, 

'Petition  signed  by  four  hundred  inhabitants  of  Mississippi  Territory 
asking  for  a  return  to  the  first  grade  of  government. 


GOVERNOR  WINTHROP   SARGENT.  321 

many  of  whom  have  solicited  that  I  should  introduce  it  to  the 
View  of  the  Senate  through  the  Medium  of  their  President,  I 
trust  sir,  may  sufficiently  apologize  for  my  presuming  to  ask  that 
you  would  take  the  trouble  of  presenting  it  as  early  as  possible  to 
that  honourable  Body —  Other  Copies  (and  with  additional  sign- 
ers) in  distant  parts  of  the  Territory,  soon  Expected  to  be  Re- 
ceived, will  be  transmitted  by  the  Mail. 

The  Extraordinary  Varience  between  this  and  the  Petition 
which  was  presented  from  the  Territory  by  a  Mr.  Hunter  in  the 
last  session  of  Congress,  is  measurably  illustrated  by  the  present 
Petitioners,  and  the  Communications  which  I  have  had  the  hon- 
our to  make,  at  the  Instance  of  two  Respectable  Grand  Juries 
to  the  Department  of  State,  with  my  letters  to  the  Secretary  of 
June  15th —  and  August  the  25th —  must  abundantly  evidence, 
that  the  former  Petition  praying  for  a  Change  in  Government  had 
been  surreptitiously  obtained. 

Bound  in  honour  and  in  Conscience  to  Promote  the  Interests 
and  Welfare  of  this  People  to  the  extent  of  my  Capacities,  I  con- 
ceive it  an  Indispensable  Duty  to  observe,  that  the  Operation  of 
the  "Supplemental  Act  for  the  Mississippi  Territory"  under  the 
present  Circumstances  of  the  Country,  would  probably  be  at- 
tended with  Depopulating  and  other  injurious  Consequences. 
I  have  the  honour  to  be 

Respected  Sir, 
with  sentiments  of  highest  Consideration 
your  most  Obedient 
The  honourable  humble  servant 

President  of  the  Senate        (signed)  Winthrop  Sargent 
of  the 
United  States 


21 


322  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  John  Marshall. 

No —  43 —  Mississippi  Territory 

December  20th—  1800— 
Sir 

For  the  more  safe  passage  of  a  Petition  from  the  People  of 
this  Country  to  Congress  and  Letters  to  several  of  the  honoura- 
ble Members,  I  take  leave  to  enclose  them  to  your  address  —  I 
do  myself  the  honour  also  to  transmit  to  you  a  Copy  of  the  Peti- 
tion— 

It  seems  incumbent  upon  me  by  this  Conveyance  to  Repeat  to 
you  sir,  that  I  have  not  Received  even  a  single  Copy  of  the  Laws 
of  the  United  States  Passed  in  the  last  session  of  Congress  As 
also  that  we  Continue  without  Stamped  Vellum  or  Paper,  upon 
which  subject  I  have  heretofore  addressed  the  Department  of 
State. 

I  have  the  honour  to  be 
Sir 

Most  Respectfully 
your  most  obedient 
humble  servant 

(Signed)  Winthrop  Sargent 
The  honourable  Secretary  of  State 


To  John  Marshall. 


Mississippi  Territory 
December  26th—  1800— 
Sir 

I  had  the  honour  of  Receiving  from  you  Yesterday,  a  letter 
dated  Sept  Ult:-  advertizing  me  of  having  Ordered  thirty  seven 
Copies  of  the  Laws  passed  in  the  last  session  of  Congress  to  this 
Territory —  They  have  not  yet  been  Received —  This  is  the  only 


GOVERNOR  WINTHROP   SARGENT.  323 

Letter  with  which  I  have  been  Favoured  from  the  Department  of 
State  since  the  12th —  of  May  last. 
I  am  sir, 

most  Respectfully, 
your  obedient, 

humble  servant, 
(Signed)  Winthrop  Sargent 
The  Honourable  Secretary  of  State. 


A  transcript  of  this  Journal  from  page  319  was  made  for 
Transmission  to  the  secretary  of  State,  and  authenticated  in  the 
words  following  Viz — 

"The  foregoing  one  hundred  and  thirteen  pages  is  a  Transcript  of  the 
"Journal  of  proceedings  of  the  Governour  in  his  Executive  Department  of 
"the  Government  of  the  Mississippi  Territory,  during  the  second  six  months 
"of  the  year  Eighteen  hundred" — 

"In  Testimony  whereof  I  have  undersigned  my  Name  and  affixed  my 
"Private  Seal,  as  "Secretary  in  and  for  the  Territory  aforesaid,  this  third 
"day  of  January  One  Thousand  Eight  hundred  and  One" — 

John  Steele.     (L.  8.) 

Put  into  the  hands  of  the  Q.  M.  F.  Jones  to  go  by  express- 
the  6th-  Jany.  1801 —  a  Copy  of  the  Laws  also — 


To  James  Ross. 


Mississippi  Territory 
January  4th —  1801 
My  Dear  sir, 

I  avail  myself  of  the  opportunity  of  an  Army  Express  to 
transmit  Petitions  from  some  of  the  Inhabitants  of  this  Territory 
of  similar  Tenor  to  those  which  I  had  the  honour  to  send  forward 
by  last  Mail —  signed  by  most  of  our  Respectable  Inhabitants, 
and  more  than  three  hundred  in  number  if  my  Memory  is  Cor- 
rect. 


324  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

I  am  informed  that  other  Copies  are  in  Circulation  and  which 
probably  it  will  become  my  Duty  to  trouble  you  or  some  other 
Gentleman  of  Congress  with  by  the  next  Post. 

I  submit  to  your  better  Judgment  to  determine  whether  it 
will  be  most  proper  to  bring  those  Petitions  to  the  View  of  the 
Senate  through  the  same  Channel  as  the  last  (the  President)  or 
to  oblige  the  Petitioners  by  presenting  them  yourself 

The  Petition  for  the  House  of  Representatives,  I  solicit  you 
would  be  pleased  to  ask  of  the  Speaker  to  offer 

With  sentiments  of  most  respectfull  Esteem, 
I  have  the  honour  to  be, 
My  Dear  Sir, 

Your  obedient, 

humble  servant, 
signed    Winthrop  Sargent. 
The  Honourable  James  Ross 
of  the  Senate  of  the  U.  S. 


Address  to  Militia  Officers. 

To  the  Commandants,  Field  Officers,  Captains,  and  Subalterns 
of  Militia,  Mississippi  Territory,  January  12th —  1801- 

Natchez. 

The  Governors  strong  anxieties  for  the  safety  of  the  good 
People  of  the  Territory,  impel  him  again  to  urge  the  well  ordering 
and  Arming  of  the  Militia. 

To  the  Discretion  and  firmness  of  the  officers,  he  may  adven- 
ture to  express  himself  in  Confidence,  and  without  apprehension 
of  Creating  unnecessary  alarm. 

Of  the  Continuance  of  Indian  Friendship  we  cannot  be  as- 
sured, and  the  Crisis  of  Hostility  would  be  found  fatally  tardy 
for  the  essential  preparation  of  Defence. 

Almost  every  day  adds  to  the  number  of  our  Slaves,  and  (Rea- 
soning from  the  fine  feelings  of  Man)  to  the  number  of  our  most 
inveterate  Enemies  also. 


GOVERNOR  WINTHROP  SARGENT.  325 

'Tis  more  than  probable,  that  in  the  Lapse  of  another  year, 
there  will  be  more  Blacks  than  Whites  within  the  Mississippi 
Territory. — That  we  deprive  them  of  the  sacred  Boon  of  Liberty 
is  a  Crime  they  can  never  forgive —  Mild  and  humane  Treatment 
may  for  a  Time  Continue  them  quiet,  but  can  never  fully  Recon- 
cile them  to  their  situation —  and  Calculating  from  the  Experi- 
ence of  some  amongst  us,  in  a  War  with  any  European,  or  even 
Indian  Power,  they  might  be  irresistably  stimulated  to  Ven- 
gence.1 

From  those  important  serious  Considerations,  the  Governour 
is  induced  to  reiterate  Recommendation  to  the  Officers,  of  most 
energetic  Measures —  that  Company  Districts  be  fully  ascer- 
tained without  a  Moments  delay,  and  every  Man  Enrolled  in  the 
Militia  according  to  Law. — that  all  deficiencies  in  Arms  and  ac- 
coutrements be  immediately  supplied: —  to  enforce  which  the 
penalties  should  be  inflicted,  provided  in  every  case  of  Delin- 
quency, for  no  man  of  Reason  will  Deny  that  the  Consequence  of 
Continuing  a  mistaken  Clemency  and  unlawfull  Indulgence  may 
be  most  fatal  to  ourselves,  our  Wives  and  our  Children. 

Military  Officers  must  Consider  it  a  Point  of  honour,  to  Carry 
into  full  effect,  the  Laws  for  the  Regulation  of  Slaves —  Legion- 
ary Commandants  have  been  permitted  to  order  out  Patrols 
whenever  they  shall  deem  it  necessary,  and  it  seems  advisable 
that  such  should  Occasionally  be  used  altho'  no  suspicions  might 
occur  — not  unnecessarily  to  harass  the  Men,  but  more  Strongly 
to  impress  the  Negroes  that  we  are  never  off  our  Guard. 

Noncommissioned  Officers  or  others  having  the  order  of 
Patrols,  should  be  specially  instructed  as  Circumstances  may  Re- 
quire — and  Cautiously  to  avoid  all  Violence  other  than  may  be 
absolutely  necessary  for  the  apprehending  and  safe  Keeping  of 
Delinquents,  and  security  of  the  peace. 

Some  Complaints  have  been  made  to  the  Governour  of  cruel 

1  No  instance  of  a  servile  race  having  revolted  in  time  of  war  has  come 
to  the  attention  of  the  editor. 


326  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

and  Barbarous  usage  practiced  towards  Slaves,  under  a  pretended 
Authority,  and  which  he  highly  disapproves : 

The  Military  Authority  only  can  Constitute  the  Legal  Patrols, 
and  the  evil  Consequences  of  Suffering  this  Power  to  be  usurped 
are  so  obvious  that  officers  will  Consider  it  their  Special  Duty  to 
guard  against  and  Report  Offenders. 

Company  and  Legionary  alarm  Posts  should  be  assigned  to 
which  the  Men  are  to  be  directed  to  Repair,  in  Case  of  Domestic 
disturbance  and  Receive  their  Instructions  from  the  senior  offi- 
cer present  according  to  the  Rules  of  War —  And  Communica- 
tions must  be  made  as  early  as  Possible,  to  the  proper  Legionary 
Commandants,  and  the  Commander  in  Chief. 

The  firing  of  three  Guns  with  an  interval  of  half  a  Minute 
between  each  Discharge  is  to  be  Considered  as  the  Legionary 
Alarm  by  night  or  by  Day. 

A  Complete  Return  of  the  Legions,  Arms  &c,  Distinguishing 
between  Rifles  &  smooth  Bores  is  again  Required. 

(signed)  Winthrop  Sargent 


To  John  Girault. 


His  Excellency  the  Governor  was  pleased  to  write  the  follow- 
ing Letter  to  Colo.  Girault,  and  to  inclose  to  him  the  foregoing 
Order 

Grove  Plantation 
January  12th—  1801 
Dear  Sir, 

Please  to  Communicate  the  Enclosed  in  the  most  impressive 
possible  manner  to  the  Officers  under  your  Command  — I  ex- 
pressed to  you  my  sorrow  that  I  could  not  see  the  Militia  of  Bayou 
Peirre —  Public  avocations  in  this  part  of  the  Territory  pre- 
vented 

It  might  not  be  amiss  to  suggest  to  Major  Dixon,  as  a  Magis- 
trate, and  to  the  Sheriff  also  my  Opinion  of  the  propriety  of  fit- 


GOVERNOR  WINTHROP   SARGENT.  327 

ting  up  one  of  the  Houses  at  the  Villa  Gayoso  as  a  Prison —  I  have 
before  from  the  Powerful  motive  of  Economy,  advised  such 
Measure,  and  the  Extraordinary  Dissonance  as  to  the  proper  site 
for  Public  Buildings  since  I  have  advertized  for  Information  of 
the  General  Wish  more  and  more  Confirms  me  in  the  propriety 
of  Continuing  the  Courts  at  the  Present  seat  of  Justice. 

I  should  have  made  no  objection  to  Erecting  Public  Buildings 
at  Union  Town  upon  the  Proffer  of  Gentlemen  to  take  all  the 
expense  from  the  County,  because  it  would  have  Comported 
with  my  wish  to  Economise  those  Resources  of  which  I  have  been 
so  Maliciously  accused  of  being  very  Prodigal,  and  because  the 
Reputation  of  the  Adjoining  Grounds  might  have  equally  insured 
the  Safe  Keeping  of  Prisoners,  as  well  as  General  Convenience — 
a  change  however  I  am  persuaded  (no  matter  what  Position 
should  be  taken)  would  but  add  to  the  imaginary  sources  of  Dis- 
content,1 and  the  Requisite  assessment  to  build  a  Court-house 
and  Jail  in  a  present  Central  Situation  might  Render  even  the 
Placid  Spirits  of  your  County  Restiff,  and  Turbulent. 
With  Esteem  I  am  Dear  Sir, 

your  very  humble  servant 

(signed)    Winthrop   Sargent 

Lieut.  Colo.  John  Girault — 
Pickering  County 


To  John  Marshall. 


No.  44.  Mississippi  Territory 

January  26th—  1801 
Sir, 

I  take  leave  most  Respectfully  to  Repeat  solicitations  for  the 
opinion  of  the  Attorney  General  upon  the  Statement  made  by  this 
Territorial  Attorney  of  a   Claim  exhibited   against  the  Villa 

1  The  center  of  discontent  against  the  Sargent  administration  was  in 
Pickering  County,  the  home  of  Cato  West. 


328  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Gayoso  which  was  surrendered  to  the  United  States  by  the 
Spanish  Government,  and  which  Business  will  be  at  issue  in  our 
Supreme  Court  of  April  next —  Delay  may  operate  injuriously 
to  the  interests  of  the  United  States — Duplicates  of  all  the  Papers 
in  Point  have  been  transmitted  to  the  Department  of  State. 
I  have  the  honour  to  be, 
Sir, 

your  obedient, 

humble  servant, 

(Signed)  Winthrop  Sargent. 
The  Honourable  Secretary  of  State 


Revoking  Commissions  of  a  Justice  of  Peace 

and 

Lieutenant  of  Militia. 

His  Excellency  the  Governour  was  pleased  to  Revoke  and 
annul  the  Commissions  of  Justice  of  Peace  and  Lieutenant  of 
Militia  in  the  County  of  Adams,  heretofore  Granted  to  Hugh 
Davis  Esquire,  by  an  Instrument  under  his  hand  and  the  Seal  of 
the  Territory,  in  the  Words  following  Viz. 

By  WINTHROP   SARGENT 

Governour  and  Commander  in  Chief  of  the  Militia 

of  the  Mississippi  Territory. 

To  the  Justices  of  the  honourable  Court  of  General  Quarter 
Sessions  of  the  Peace  Adams  County  the  Commandant  of  the 
Militia  and  all  others  whom  it  may  concern. 

BE  IT  KNOWN,  that  I  have  thought  proper  by  these 
presents  to  Revoke  the  Commissions  of  a  Justice  of  the  Peace  and 
Lieutenant  of  Militia  heretofore  granted  unto  Mr.  Hugh  Davis, 
it  having  sufficiently  appeared  unto  me,  that  a  Presentment  of  the 
Grand  Inquest  at  the  last  October  Term  of  the  Supreme  Court 
in  Adams  County,  is  so  well  founded,  as  to  implicate  him  in  the 


GOVERNOR  WINTHROP   SARGENT.  329 

Violation  of  most  Solemn  Official  Duties,1  and  under  his  Continu- 
ance in  office,  Civil  or  Military,  incompatible  with  the  Dignity  of 
Government,  and  the  due  Execution  of  the  Statutes  of  this  Ter- 
ritory. 

Given  under  my  hand  and  the  Public  Seal  January  the 
[L.S.]    thirtieth  Anno  Domini  One  Thousand  eight  Hundred 

and  One — 

(Signed)  Winthrop  Sargent 


To  James  Madison. 


No.  45-  Mississippi  Territory 

March  16th—  1801 
Sir 

I  have  this  Day  taken  leave  to  draw  upon  you  in  favour  of 
Major  Minor  for  the  services  of  an  Indian  Interpreter  to  the 
amount  of  two  hundred  sixtytwo  Dollars  and  Vfc  the  account  is 
herein  enclosed,  and  in  my  opinion  justly  due —  the  Conduct  of 
his  Attorney  in  making  an  Extravigant  Charge  and  Commencing 
an  action  against  me  to  recover  the  same  (which  the  Major 
Caused  to  be  dismissed)  has  delayed  an  adjustment  of  this  Busi- 
ness upon  which  I  had  the  honour  to  address  the  Department 
of  War  the  14th —  of  May  in  the  last  Year. 

By  the  same  Conveyance  I  solicited  Instruction  upon  the 
subject  of  Continuing  in  pay  an  Interpreter,  and  which  I  have 
not  yet  had  the  Satisfaction  to  Receive. 

I  have  the  honour  to  be, 
Sir, 

Respectfully, 

your  obedient  humble  servant, 
(Signed)  Winthrop  Sargent. 
The  Honourable  Secrtary  of  State. 

1  Hugh  Davis  had  been  indicted,  for  defacing  a  public  record,  by  a  grand 
jury  of  the  Supreme  Court,  October  term,  1800. 


330  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  James  Madison. 

No. .  46  Mississippi  Territory 

March  21st. .  1801 
Sir, 

For  the  amount  of  the  enclosed  account  I  have  taken  leave  to 
draw  a  Bill  in  favour  of  Mr . .  Green  of  this  date  which  I  Re- 
quest may  be  honoured, 
I  am 
Sir 

very  Respectfully 

your  obedient  humble  servant 
(Signed)  Winthrop  Sargent 
The  Honourable  Secretary  of  State 


Appointment  and  Promotion  of  Various  Officers. 

His  Excellency  the  Governor  was  pleased  to  Promote  Cap- 
tain David  Ferguson  to  the  Rank  of  Major —  Lieutenants  William 
Mcintosh  and  John  Minor,  to  the  Rank  of  Captain — Cornets  John 
Lintot  and  John  Binghaman  to  the  Rank  of  Lieutenant,  and  to 
appoint  Robert  Moore,  and  Joseph  W.  A.  Lloyd  Gentlemen  Cor- 
nets in  the  Militia  of  the  County  of  Adams,  to  each  of  whom  ac- 
cording to  their  Several  Grades  he  granted  Commissions  in  the 
usual  form  dated  dated  the  20th . .  of  March  1801. 

He  was  also  pleased  to  appoint  Samuel  Brooks  Esquire  a  Jus- 
tice of  the  Peace  and  Judge  of  the  Court  of  Probate  (vice  William 
Dunbar  Esquire  Resigned)  for  the  County  of  Adams,  and  granted 
to  him  Commissions  accordingly,  dated  the  20th. .  of  March 
1801. 

He  was  also  pleased  to  appoint  John  Brooks  Esquire  Sheriff 
for  the  County  of  Pickering  (vice  William  Ferguson  deceased  to 
whom  he  granted  a  Commission  dated  the  20th . .  of  March  1801. 


GOVERNOR  WINTHROP   SARGENT.  33i 

He  was  pleased  also  to  issue  a  Commission  to  Peter  Walker 
Esquire  (heretofore  appointed  Clerk  of  the  Legislature)  dated 
the  4th-  of  October  1799 —  and  also  to  appoint  and  Commission 
him  Keeper  of  the  seal — dated  the  20th-  of  March  1801 


To  John  McKee. 


Mississippi  Territory- 
Evening  of  March  30th. .  1801 
Sir 

I  this  Moment  Received  your  favour  of  the  21st. .  instant, 
and  in  the  next  shall  be  upon  my  departure  for  the  United  States 
—  Poor  Franchemasatubbee,  Sincerely  do  I  regret  the  Death  of 
this  so  universal  Friend  of  the  White  People, 

Your  Motives  for  Charity  to  Chinnumbe  the  King  of  the 
Chickasaws  are  in  my  Opinion  truly  laudible,  and  so  far  as  my 
Name  and  Approbation  may  be  usefull  to  extend  to  him  the 
Bounty  of  the  United  States  you  are  at  Liberty  to  use  them. 

You  may  freely  Command  my  small  Ability  for  services  in 
the  Atlantic  States 
Adieu 

(Signed)  Winthrop  Sargent 
Colo. .  McKee, 


332  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  John  Steele. 

The  Grove  Plantation 

April      1801 
Dear  Sir, 

The  Present  Situation  of  my  Health  and  some  other  impor- 
tant Considerations  induce  me  to  avail  myself  of  a  Permission 
of  absence  long  since  had  from  the  President  of  the  United 
States ;  The  Duties  in  the  Executive  Department  of  Government 
will  of  course  devolve  upon  you,  and  I  hope  and  believe,  that  sober 
sense  shall  Continue  gaining  ground  of  the  Thorns  and  briers 
which  have  been  so  Mischievously  Planted  in  the  Path  of  the  Gov- 
ernour. 

I  embrace  in  Duty  and  in  pleasure  the  present  Occasion  of 
Expressing  my  intire  Satisfaction  in  the  Discharge  of  your  Offi- 
cial Trusts — As  a  due  tribute  to  your  Zeal  and  Promptitude  in 
service  and  to  promote  the  Public  Weal,  I  should  add  much  more, 
but  that  Eulogium  under  the  Present  Circumstances  of  Calumny 
and  Reproach  might  operate  in  an  inverse  Ratio  to  my  Estima- 
tion of  your  Worth  and  of  your  Talents. 
With  very  sincere  Esteem, 
I  am  your  friend  and 

humble  servant 

(Signed)   Winthrop  Sargent 
Colonel  —  Steele. 


Samuel  Hancock  Esquire  was  on  the  second  of  April  ap- 
pointed a  Justice  of  the  Peace  and  Cornet  of  Militia  in  the  County 
of  Adams,  and  the  Governor  Granted  to  him  Commissions  ac- 
cordingly dated  the  thirtyfirst  of  March  1801. 


GOVERNOR  WINTHROP   SARGENT.  333 

To  James  Madison. 

Mississippi  Territory 
April  3d.  1801 
Sir 

The  Honourable  Colonel  Pickering  when  Secretary  of  State 
was  kind  enough  to  obtain  the  Presidents  Permission  that  I  might 
be  a  short  time  absent  from  this  Government  when  the  same 
should  have  been  Organized  and  peace  established  for  the  United 
States. 

The  late  Ratification  of  the  Treaty  with  France,  authorized 
me  to  avail  myself  of  this  Indulgence,  and  which  the  Present 
State  of  my  Health,  impaired  by  long  service  in  all  the  Extremes 
and  Vicissitudes  of  United  States  Climate,  pressingly  demands 
I  should  embrace  without  delay. 

Since  the  Commencement  of  the  Revolutionary  War,  I  have 
been  almost  always  upon  Public  Duty —  and  from  the  early  part 
of  ninety  six,  attentions  thereto  have  been  unremitted —  those 
Considerations  I  trust  may  Justify  me  in  Embracing  the  leave 
of  absence  had  from  President  Adams. 

I  propose  to  embark  for  the  Atlantic  States  in  the  present 
month  and  shall  take  the  very  earliest  opportunity  to  pay  my 
Respects  to  you  sir —  And  if  I  may  be  so  permitted  to  the  Pres- 
ident of  the  United  States  also. 

The  mighty  Obloquy  cast  upon  my  Reputation  I  hope  may 
not  deprive  me  of  this  honour —  I  yet  know  not  the  Result  of 
Mr.  Davis's  Motion  upon  my  Official  Conduct —  they  have  no 
doubt  made  unfavourable  impressions. 

That  Member  of  the  Honourable  house  of  Representatives 
and  his  Colleague  Mr.  Claiborne  I  could  indeed  wish  to  believe 
have  been  Influenced  by  no  improper —  No  impure  motives,  but 
if  they  have  not  been  very  grossly  deceived  they  have  most  Cer- 
tainly been  so  imposed  upon. 

I  take  leave  sir,  to  enclose  to  the  Department  of  State  some 
very  strong  Testimony  in  Point —  Attestations  from  the  most 


334  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Respectable  people  of  this  Territory,  and  which  I  solicit  you 
would  do  me  the  favour  to  lay  before  the  Supreme  Executive 
in  Reparation  of  my  wounded  Character,1 
With  great  Respect  I  have  the 
honour  to  be, 
Sir, 
your  Obedient 

Humble  servant 

(Signed)  Winthrop  Sargent 
Hourable  Secretary  of  State, — 

1  Governor  Sargent  left  the  Territory,  by  way  of  New  Orleans,  soon 
after  the  above  letter  was  written.  He  went  immediately  to  Washington, 
his  term  having  expired,  for  the  purpose  of  defending  his  administration. 
President  Jefferson,  through  Secretary  Madison,  sent  him  the  following 
letter:  "That  from  the  various,  and  some  of  them  delicate,  considerations 
which  mingled  themselves  with  the  designation  of  the  individual  for  the 
government  of  the  Mississippi  Territory,  it  was  expedient,  in  his  judgment, 
to  fill  the  station  with  another  than  himself,  whose  administration,  with 
whatever  meritorious  intentions  conducted,  had  not  been  so  fortunate  as 
to  secure  the  general  harmony,  and  the  mutual  attachment,  between  the 
people  and  the  public  functionaries  so  particularly  necessary  for  the  pros- 
perity and  happiness  of  an  infant  establishment."  William  Charles  Cole 
Claiborne  was  appointed  Governor  of  Mississippi  Territory  May  25,  1801. 


PART  II. 

Executive  Journal  of  William  Charles  Cole  Clai- 
borne, Second  Governor  of  Mississippi 
Territory,  July  10,  1801,  to 
March  27, 1803. 


^m  **^1^H 

*&. 

'•■  sr 

^^  % 

HBpl  ■      ■  ■  *"■  "-..  " 

Photographic  facsimile  from  the  oil  painting  in  the  possession  of 
W .  C.  C .  Claiborne,  New  Orleans. 


WILLIAM  CHARLES  COLE  CLAIBORNE. 

Second  Governor  of  Mississippi  Territory. 
By  Dunbar  Rowland. 

William  Charles  Cole  Claiborne  was  born  in  Sussex  Coun- 
ty, Virginia,  in  1775,  and  was  the  second  son  of  Col.  William 
Claiborne  and  Mary  (Leigh)  Claiborne.  The  Claiborne  family 
in  America  was  founded  by  William  Claiborne,  who  emigrated 
from  England  as  surveyor  of  the  plantations  of  Virginia  by 
appointment  of  the  London  Company.  He  was  a  younger  son  of 
a  distinguished  family  of  Westmoreland  County,  England,  and 
arrived  at  Jamestown  in  October,  1621.  On  March  4,  1625,  he 
was  commissioned  by  Charles  I.  as  a  member  of  the  Council  and 
Secretary  of  State  for  the  Colony  of  Virginia. 

During  the  American  Revolution  the  Claibornes  were  found 
fighting  for  liberty  on  the  side  of  the  colonies.  Descended  from 
such  ancestry,  and  born  at  the  outbreak  of  the  Revolution,  it  is 
not  strange  that  William  C.  C.  Claiborne  was  a  patriot.  Na- 
thaniel H.  Claiborne,  his  younger  brother,  who  for  twenty  years 
was  a  member  of  Congress  from  Virginia,  in  his  "Notes  on  the 
War  of  1812,"  in  which  appears  an  interesting  biography  of 
Governor  Claiborne,  says  that  at  the  age  of  eight  years  he  wrote 
in  his  Latin  grammar  the  motto,  "Cam  patria,  carior  libertas — 
ubi  est  libertas,  ibi  est  mea  patria,"  "Dear  my  country,  dearer 
liberty — where  liberty  is,  there  is  my  country."  He  was  sent  to 
Richmond  Academy  under  the  instruction  of  Eldridge  Harris, 
and  aftewards  to  William  and  Mary,  accompanied  by  his  elder 
brother  Ferdinand  Leigh.  He  remained  at  the  latter  institution 
only  a  short  time,  leaving  on  account  of  a  disagreement  with  one 
of  the  ushers.  At  the  early  age  of  fifteen  he  decided  that  it  was 
necessary  to  support  himself,  on  account  of  the  misfortunes  of 
his  father,  who  had  ruined  his  estate  in  the  cause  of  his  country. 

At  that  time  the  seat  of  the  National  Government  was  at 
New  York.    Young  Claiborne  proceeded  there,  and  sought  a  posi- 

22 


338  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

tion  in  the  office  of  John  Beckley,  Clerk  to  the  Congress,  who 
looked  with  favor  on  the  son  of  his  native  State.  He  was  given 
employment  as  enrolling  clerk  and  made  himself  useful  in  copy- 
ing bills  and  resolutions  for  members  of  Congress.  In  1790  he 
followed  the  Congress  to  Philadelphia,  on  its  removal  to  that 
city.  The  young  clerk  soon  attracted  the  notice  of  John  Adams, 
Thomas  Jefferson  and  John  Sevier.  Mr.  Jefferson  gave  him 
access  to  his  books,  and  Sevier  advised  him  to  study  law  and 
go  to  Tennessee.  At  a  very  early  age  Claiborne  displayed  de- 
cided oratorical  ability,  and  at  the  age  of  fifteen  delivered  an 
original  valedictory  address  on  leaving  school  for  New  York. 
He  joined  the  Polemic  Society  in  Philadelphia,  and  found,  at  the 
age  of  seventeen,  that  he  could  sway  an  audience.  At  that  early 
age  he  decided  to  follow  Sevier's  advice,  and  resigned  his  posi- 
tion to  become  a  law  student,  going  to  Richmond  for  that  pur- 
pose. With  three  months  preparation  he  was  admitted  to  the 
bar,  and  equipped  with  Blackstone  and  a  copy  of  the  revised 
statutes  he  went  to  Sullivan  County,  Tennessee,  and  offered  his 
professional  services  to  the  people  of  that  aspiring  young  Ter- 
ritory. Within  two  years  he  had  gained  the  distinction  of  stand- 
ing without  a  rival  as  an  advocate  at  the  criminal  bar.  In  the 
first  constitutional  convention  of  Tennessee,  which  met  at  Knox- 
ville,  January  11,  1796,  Claiborne  was  one  of  the  leading  mem- 
bers. At  this  time  Gov.  Blount  is  reported  to  have  said  of  him, 
"He  is,  taking  into  consideration  his  age,  the  most  extraordinary 
man  of  my  acquaintance." 

On  the  formation  of  the  State  government,  he  was  appointed 
by  Gov.  John  Sevier  a  Judge  of  the  Supreme  Court  of  law  and 
equity.  After  a  brief  service  he  resigned  to  become  a  candidate 
for  Congress  and  was  elected  in  August,  1797,  to  the  Fifth  Con- 
gress. He  took  his  seat  November  23,  1797.  During  his  first 
session  he  was  a  member  of  the  Ways  and  Means  Committee  with 
Gallatin,  Harper,  Baldwin  and  Bayard,  and  chairman  of  the  Com- 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  339 

mittee  on  Indian  Relations.  He  was  re-elected  to  the  Sixth  Con- 
gress, and  voted  for  Thomas  Jefferson  for  President  in  the  Jef- 
ferson-Burr contest. 

President  Jefferson  appointed  Mr.  Claiborne  Governor  of 
Mississippi  Territory  May  25,  1801,  to  succeed  Winthrop  Sar- 
gent, whose  term  had  expired.  A  short  time  before  receiving 
his  appointment  he  had  been  married  to  Eliza  W.  Lewis,  of  Nash- 
ville, Tenn.  The  young  Governor  at  this  time  was  only  twenty- 
six  years  old.  He  had  gained  the  confidence  of  Mr.  Jefferson, 
who  believed  him  endowed  with  that  wisdom,  tact,  judgment  and 
discretion  which  were  so  necessary  in  instilling  in  the  minds  of 
the  people  of  the  new  territory  a  love  for  American  institutions, 
at  a  time  when  great  events  were  taking  place  in  Louisiana  be- 
tween France  and  Spain. 

On  October  8,  1801,  he  left  Nashville  for  his  new  post  of 
duty,  going  by  boat  down  the  Cumberland,  Ohio  and  Mississippi 
Rivers,  and  reaching  Natchez  November  23rd.  The  Legislature 
met  a  few  days  after  his  arrival,  and  one  of  his  first  official  acts 
was  a  message  to  that  body.  A  short  time  after  he  reported  to 
Secretary  Madison  that  all  opposition  to  the  General  Assembly 
had  practically  ceased.  The  Governor  made  a  good  impression 
at  once,  and  became  very  popular  soon  after  his  arrival.  Among 
the  Legislative  acts  of  interest  was  the  change  of  name  of  Pick- 
ering County  to  Jefferson,  in  honor  of  the  new  President.  Two 
new  counties  were  formed  from  Adams  and  Jefferson  and  named 
Wilkinson  and  Claiborne,  in  honor  of  Gen.  Wilkinson  and  Gov. 
Claiborne.  On  the  recommendation  of  the  Governor  the  terri- 
torial capital  was  moved  from  Natchez  to  Washington  by  an 
Act  passed  by  the  Legislature  and  approved  February  1,  1802. 
The  term  of  John  Steele  as  Secretary  of  the  Territory  expired 
May  7,  1802,  and  Cato  West  was  appointed  to  succeed  him  March 
1,  1803. 

The  want  of  military  equipment  in  the  territory  gave  Clai- 
borne much  uneasiness,  and  when  the  cession  of  Louisiana  by 
Spain  to  France  was  assured,  he  applied  to  the  Secretary  of 


340  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

War  for  one  thousand  rifles,  and  recommended  the  establishment 
of  a  well  equipped  military  post,  centrally  located.  His  efforts 
resulted  in  the  building  of  Fort  Dearborn  at  Washington. 

The  election  for  Representatives  in  July,  1802,  showed  a  re- 
versal of  popular  favor,  and  a  great  majority  of  the  old  members 
were  defeated.  The  people  did  not  approve  of  the  ridiculous 
effort  which  had  been  made  to  impeach  Chief  Justice  Seth  Lewis 
of  the  Territorial  Supreme  Court,  who  had  incurred  the  dis- 
pleasure of  influential  members  who  were  litigants  before  the 
Court. 

One  of  the  most  important  acts  of  the  Claiborne  administra- 
tion was  the  collection,  for  the  general  government,  of  data  rela- 
tive to  Mississippi  land  titles,  which  were  in  a  chaotic  condition 
in  the  Territory.  The  report  which  he  made  to  Secretary  Mad- 
ison was  the  foundation  upon  which  Congress  based  future  meas- 
ures for  the  settlement  of  local  land  titles. 

In  his  message  to  the  Legislature  October  3,  1803,  Gov.  Clai- 
borne, on  the  subject  of  the  Louisiana  Purchase,  says : 

"It  is  understood  that  by  the  late  treaty  between  the  United  States  and 
the  First  Counsul  of  the  French  Republic,  and  which  remains  only  to  be 
sanctioned  by  the  constituted  authorities  of  our  country,  the  Island  of  Or- 
leans is  ceded  to  the  United  States,  and  the  American  Empire  bounded  by 
the  western  limits  of  the  rich  and  extensive  province  of  Louisiana —  an 
accession  of  territory  not  obtained  by  conquest,  not  held  by  the  precarious 
tenure  of  force,  but  acquired  by  honest  purchase,  and  secured  to  us  by  the 
national  faith  of  its  former  owner —  an  accession  of  territory  essential  to 
the  welfare  of  the  western  country,  and  which,  by  increasing  the  means 
of  reciprocal  benefits,  will  render  still  stronger  the  chain  which  connects 
the  great  American  family  in  the  inestimable  union  of  interest  and  affec- 
tion— a  union,  which,  I  pray  God,  may  exist  coequal  with  time." 

Some  of  the  most  notable  events  of  the  Claiborne  administra- 
tion were  the  establishment  of  Jefferson  College;  arrangements 
for  settling  land  titles ;  the  survey  of  boundaries  of  the  Natchez 
and  Mobile  districts  and  the  establishment  of  a  mail  route  on  the 
Natchez  Trace,  or  Robinson  Road. 

The  Governor  received  an  express  from  Washington  No- 
vember 9,  1803,  notifying  him  of  his  appointment  by  President 


GOVERNOR  WILLIAM  C.  C.   CLAIBORNE.  341 

Jefferson  as  a  Commissioner,  associated  with  Gen.  James  Wilkin- 
son, to  receive  from  France  the  Louisiana  Purchase,  and  to  suc- 
ceed the  Spanish  Governor  until  a  government  for  the  new  ter- 
ritory should  be  established.  He  left  Natchez  in  December  with 
about  two  hundred  Mississippi  militia  as  a  military  escort.  The 
two  Commissioners  met  at  Fort  Adams  and  arrived  within  two 
miles  of  New  Orleans,  where  they  encamped  December  17,  1803. 
Three  days  after  Louisiana  was  transferred  by  Laussat,  the  rep- 
resentative of  the  French  Republic,  to  the  American  Commis- 
sioners, and  Claiborne  at  once  assumed  the  government  of  the 
new  possession.  On  September  26,  1804,  he  lost  his  wife  and 
infant  child.  After  the  death  of  his  first  wife  he  married  Cla- 
rissa Duralde,  a  French  lady,  and  on  her  death  married  a  Miss 
Bosque,  a  lady  of  Spanish  descent,  who  survived  him. 

During  the  absence  of  Gov.  Claiborne  from  the  Mississippi 
Territory  the  duties  of  the  executive  office  devolved  upon  Sec- 
retary Cato  West. 

Claiborne  continued  to  exercise  the  duties  of  Provisional  Gov- 
ernor until  October  2,  1804,  when  he  was  appointed  Governor  of 
the  Territory  of  Orleans.  He  continued  to  serve  until  the  ad- 
mission of  that  Territory  to  the  Union  in  1812,  when  he  was 
elected  Governor  of  the  new  State.  After  serving  two  terms  he 
was  elected  to  the  United  States  Senate  from  Louisiana,  Jan- 
uary 13,  1817.  He  did  not  live  to  take  his  seat  in  the  Senate. 
He  died  November  3,  1817,  and  is  buried  in  beautiful  Metarie 
Cemetery,  New  Orleans.  Gov.  Claiborne  died  when  he  was  on 
the  threshold  of  a  great  national  career  at  the  age  of  forty-two. 
For  seventeen  years  he  had  been  one  of  the  most  potent  figures  in 
what  was  then  the  great  Southwest. 

For  authorities  on  the  life  of  Gov.  Claiborne  consult  Missis- 
sippi archives,  Claiborne's  "Mississippi,"  Martin's  Gayarre's  and 
Fortier's  "Louisiana,"  and  Claiborne's  "Notes  on  the  War  of 
1812." 


MISSISSIPPI 
TERRITORIAL  ARCHIVES. 

i8oi"i8o3 


Department  of  State: — 
Washington,  10  July  1801 

Commission.1 
Sir, 

The  President  of  the  United  States —  desirous  of  availing 
the  public  of  your  services  as  Governor  of  the  Mississippi  Ter- 
ritory, I  have  the  honor  of  inclosing  your  Commission,  and  of 
expressing  the  sentiments  of  respect  with  which 

I  am,  Sir, 
your  most  obt  Sert 

James  Madison 
William  C.  C.  Claiborne  Esqr. 


Thomas  Jefferson,  President  of  the  United  States  of  America, 
To  all  who  shall  see  these  presents,  Greeting  : — 

WHEREAS  the  office  of  Governor  in  and  over  the  Mississippi 
Territory  is  at  present  vacant;  NOW  KNOW  YE,  That  repos- 
ing especial  Trust  and  Confidence  in  the  Patriotism,  Integrity 

1  Claiborne  Journals  from  1801  to  1816  are  on  file  in  the  Mississippi  De- 
partment of  Archives  and  History.  The  collection  is  valuable  and  throws 
much  light  on  local  Spanish  and  French  relations. 

[From  April  1  to  November  23,  1801,  the  time  which  elapsed  between  the 
departure  of  Gov.  Sargent  from,  and  the  arrival  of  Gov.  Claiborne  in,  the 
Territory,  Secretary  John  Steele  was  in  charge  as  acting  governor.  However, 
on  account  of  Secretary  Steele's  infirm  health,  little  official  business  was 
transacted;  and  no  record  for  that  period  has  been  found.] 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  343 

and  Ability  of  William  C.  C.  Claiborne,  of  Tennessee,  I  do  ap- 
point him  Governor  in  and  over  the  said  Mississippi  Territory; 
and  do  authorize  and  impower  him  to  execute  and  fulfil  the  Du- 
ties of  that  office  according  to  Law;  and  to  Have  &  to  Hold  the 
said  office  with  all  the  Powers,  Priveleges  and  Emoluments  to 
the  same  of  Right  appertaining  during  the  pleasure  of  the  Pres- 
ident of  the  United  States  for  the  time  being,  and  until  the  end 
of  the  next  Session  of  the  Senate  of  the  United  States,  and  no 
longer.1 

In  Testimony  whereof,  I  have  caused  these  Letters  to  be  made 
Patent,  and  the  Seal  of  the  United  States  to  be  hereunto  affixed. 

Given  under  my  Hand  at  the  City  of  Washington  the 
(Seal)    Twenty  fifth  day  of  May  in  the  year  of  our  Lord  one 
thousand  Eight  hundred  and  one,  and  of  the  Inde- 
pendence of  the  United  States  of  America,  the  Twenty  fifth. 

Thos-  Jefferson 
By  the  President 
James  Madison  Secretary  of  State. 


To  James  Madison, 

Nashville  August  2nd—  1801- 
Sir, 

Your  Letter  of  the  10th  ultimo,  enclosing  a  Commission  as 
Governor  of  the  Mississippi  Territory,  I  have  had  the  honor  to 
receive. — 

Will  you  be  good  enough  Sir,  to  inform  the  President  of  the 
United  States,  that  I  shall  accept  the  appointment,  which  he  has 
been  pleased  to  confer  upon  me,  and  will  endeavor  to  merit  it, 
by  a  faithful  discharge  of  those  Duties  which  now  are,  or  may 
hereafter  be  assigned  to  me. — 

I  am  aware  of  the  difficulty  of  the  task,  I  am  about  to  under- 
take;— I  feel  my  inability  to  execute  it  with  Justice; —  But  I 

1  Appointed  during  a  recess  of  the  Senate. 


344  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

flatter  myself,  that  my  best  exertions  to  support  the  Interests 
of  the  United  States,  and  to  promote  the  immediate  happiness  of 
the  People,  over  whom,  I  am  to  preside,  will  not  prove  unsuc- 
cessful.— 

I  shall  repair  to  the  Territory  with  all  possible  Dispatch,  but 
the  probability  is,  that  it  will  not  be  in  my  power,  to  complete 
the  Arrangements  necessary  to  my  departure,  previous  to  the 
last  of  next  month,  or  the  first  of  October; —  If  therefore  you 
should  think  proper,  to  make  me  any  further  Communications,  in 
a  short  period,  you  will  be  pleased  to  forward  them  to  this 
Town.  —  I  have  the  honor  to  be 

Sir, 

With  every  sentiment  of  Esteem 
&  Respect 

Your  Mot:  Obt:  Servt— 

William  C.  C.  Claiborne 
The  Honble-  James  Madison 

Secretary  of  State. — 


To  James  Madison, 

Knoxville,  September  16th-  1801. 
Sir, 

My  Letter  of  the  2nd —  of  August,  informed  you  that  I  should 
descend  the  Mississippi,  some  time  about  the  last  of  this,  or  the 
beginning  of  next  month; —  I  have  now  the  pleasure  to  add, 
that  the  arrangements  necessary  to  my  departure,  are  nearly 
completed,  and  I  shall  certainly  set  out  for  my  Government,  in 
the  Course  of  the  first  week  in  October. — It  is  to  me  a  subject 
of  regret,  that  I  have  not  been  enabled,  at  an  earlier  period,  to 
proceed  to  my  post,  but  I  flatter  myself,  the  public  service  has 
not  as  yet,  sustained  injury  by  my  absence. — 

Information  which  I  have  lately  received  from  the  Mississippi 
Territory  represents,  that  affairs  in  that  quarter  wear  a  favora- 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  345 

ble  aspect; — the  public  mind  is  tranquil,  and  Party  Spirit  con- 
siderably subsided; —  The  District  increasing  rapidly  in  pop- 
ulation &  wealth,  and  the  most  perfect  harmony  prevailing  with 
the  Spanish  &  Indian  Neighbors. — 

You  could  not  confer  on  me  Sir,  a  greater  favor,  than  by 
giving  me  from  time  to  time,  particular  Instructions  relative 
to  the  Policy  the  Executive  would  wish  to  be  pursued  on  our 
Southwestern  Frontier;  such  Instructions  shall  always  be  exe- 
cuted, with  promptitude,  &  pleasure,  and  my  constant  care  shall 
be  to  forward  the  views,  and  promote  the  Interest  of  Govern- 
ment— 

In  eight  or  ten  days,  I  shall  leave  this  place  for  my  seat  near 
Nashville,  &  shall  from  thence,  without  delay,  proceed  with  my 
family,  by  water,  to  the  Town  of  Natchez,  where  I  expect  to 
arrive  between  the  1st —  &  10th —  of  November. — 

Accept  I  pray  you  Sir,  assurances  of  my  very  sincere 
&  respectful  attachment. — 

I  have  the  honor  to  be  &c 

(Signed)   William  C.  C.  Claiborne. 

The  Honble-  James  Madison 
Secretary  of  State. 


To  James  Madison,  Secretary  of  State. 

Nashville  October  7th  1801.- 
Sir, 

On  Tomorrow  I  shall  certainly  set  out  for  the  Mississippi 
Territory —  The  Western  Rivers  are  uncommonly  low,  and  I 
anticipate  a  long  voyage,  but  I  shall  make  every  exertion  to 
reach  the  Town  of  Natchez  by  the  10th  of  November. — 

The  Territorial  Assembly  was  convened  (by  a  Proclamation 
of  Secretary  Steele  x)  on  the  3rd  Monday  in  July  last;  they  con- 

1  Secretary  John  Steele  was  Acting  Governor  from  April  3  to  November 
23,  1801,  but  severe  illness  prevented  close  attention  to  official  duties, 


346  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

tinued  in  Session  (as  I  am  advised)  about  five  weeks,  but  trans- 
acted little  Business,  and  what  they  did,  is  left  incompleat  for 
want  of  the  Governor's  Sanction,  Colo  Steele  having  been  too 
much  indisposed,  to  attend  to  his  Official  Duties, —  On  the  16th 
of  last  month,  Colo  Steele  was  still  ill,  &  his  Life  despaired  of. — 

In  a  Letter,  which  I  have  received  from  Judge  Lewis,1  dated 
"Near  Natches  September  3rd  1801"  he  says,  "It  seems  to  be 
confirmed  that  Spain  has  actually  agreed  to  give  up  Louisiana  to 
France."2  I  know  not  what  grounds  there  are  for  this  Report, 
but  it  has  prevailed  in  this  State  for  several  months,  and  obtained 
general  belief. — 

On  my  arrival  at  Natches  my  communications  shall  be  fre- 
quent &  regular. — 

I  am  &c. 

William  C.  C.  Claiborne. 

To  the  Honble  James  Madison 
Secretary  of  State 


To  James  Madison, 

Natchez  November  24th  1801. — 
Sir, 

On  the  8th  of  October,  I  left  Nashville,  &  did  not  reach  this 
place,  until  yesterday  morning; —  My  passage  has  been  unus- 
ually long ;  but  I  beg  you  to  be  assured  that  this  delay,  can  alone 
be  attributed  to  the  low  state  of  the  Cumberland,  Ohio,  and 
Mississippi  Rivers,  for  on  my  part,  every  exertion  was  made  to 
hasten  my  arrival. — 

I  found  the  Navigation  of  the  Mississippi  somewhat  difficult, 
and  often  dangerous,  particularly  when  the  wind  was  high,  which 
is  frequently  the  case,  during  the  Fall  and  winter  months. — 

1  Judge  Seth  Lewis,  of  the  Territorial  Supreme  Court. 

2  Secret  treaty  of  St.  Ildefonso  between  France  and  Spain,  October  1, 
1800,  confirmed  March  21,  1801.  It  was  feared  that  England  would  seize 
New  Orleans  if  the  treaty  was  made  public. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  347 

Much  of  the  Land  on  the  Mississippi  appeared  to  me,  to  be 
fertile,  and  pretty  well  adapted  to  Cultivation; — But  this  exten- 
sive Country  has  been  greatly  forsaken,  or  rather  neglected  by 
man. —  On  the  Western  or  Spanish  shore,  there  are  three  little 
settlements  between  the  mouth  of  the  Ohio,  and  a  small  Post, 
opposite  to  Natchez,  a  distance  of  upwards  of  800  miles;  70 
miles  below  the  mouth  of  Ohio,  is  a  Spanish  Village,  called  New 
Madrid —  here  I  called  a  few  minutes,  and  paid  my  respects  in 
person,  to  the  Commandant  or  Governor,  who  received  me  with 
great  politeness ;  At  this  place  I  saw  the  Remains  of  a  Fort,  which 
had  recently  been  destroyed  by  fire,  a  few  soldiers,  and  about 
60  Buildings;  The  Inhabitants  were  chiefly  of  French  Extrac- 
tion; I  was  informed,  that  a  few  miles  from  the  Town,  there 
was  a  compact  and  well  improved  settlement,  the  settlers  mostly 
natives  of  the  United  States;  I  could  not  learn  their  numbers; 
35  miles  from  New  Madrid,  there  is  another  Village  on  the  Bank 
of  the  Mississippi  containing  about  20  Houses;  150  Miles  fur- 
ther, &  opposite  the  lower  Chiccasaw  Bluff,  is  a  small  Block 
House;  garrisoned  by  a  Sarjeant  and  12  men. — 

On  the  Eastern  or  American  side  of  the  Mississippi,  the  only 
improvement,  until  I  had  reached  the  Walnut  Hills  (which  are 
upwards  of  700  Miles  from  the  mouth  of  Ohio)  was  the  Garrison 
at  the  Chiccasaw  Bluffs,  called  Fort  Pickering — 

This  Garrison  has  proved  a  great  convenience  and  benefit  to 
the  Citizens  who  Navigate  the  River; —  The  officer  commanding 
at  that  Post  within  9  months  past  has  afforded  relief  to  several 
distressed  Boats,  and  in  some  instances,  his  own  exertions  aided 
by  his  Company  have  rescued  much  valuable  property  from  de- 
struction;—  This  deserving  Officer  is  a  Captain  Sparks  of  the 
3rd  Regiment;1 —  his  truly  benevolent  &  patriotic  conduct  has 
procured  him,  the  Esteem  of  the  Western  Citizens,  and  will  I 
am  sure  recommend  him,  to  the  President. — 

Claiborne's  "Mississippi,"  pages  221,  222,  gives  interesting  data  rela- 
tive to  Col.  Richard  Sparks. 


348  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

With  great  deference  to  the  Judgment  of  the  Executive,  I 
will  submit  for  consideration  the  expediency  of  establishing  sev- 
eral other  small  Military  Posts  on  the  Mississippi;  I  suppose  the 
Indians  would  not  be  averse  to  Establishments  of  that  kind, 
and  I  am  certain  they  would  prove  of  great  public  utility. —  The 
western  commerce  is  already  immensely  valuable,  and  is  becom- 
ing more  so,  every  year; —  The  dangers  and  difficulties  of  the 
Mississippi,  would  be  encountered  with  much  more  cheerfulness, 
&  the  loss  of  property,  would  not  as  frequently  occur,  if  there 
were  more  Stations,  where  the  Citizens  in  distress,  might  apply 
for  succour,  &  his  wants  at  least  partially  supplied. 

Colonel  Steele  is  still  living,  &  his  disorder  has  assumed  of 
late,  a  favorable  aspect; —  He  is  however  too  much  indisposed 
to  attend  to  Business,  or  to  give  me  much  Information  as  to  the 
State  of  the  Territory; —  on  this  account,  I  feel  myself  under 
some  Embarrassment,  from  which  I  hope  to  be  relieved,  in  a 
little  time,  by  my  own  personal  observations. — 

A  pamphlet1  written  by  Governor  Sargent  (extracts  from 
which  you  have  no  doubt  seen  in  the  papers)  has  reached  this 
Territory,  &  is  in  general  circulation;  In  this  production,  the 
conduct  of  the  President  in  relation  to  Mr.  Sargent  is  assailed 
with  no  less  acrimony,  than  that  of  my  own;  personally  it  gives 
me  no  concern,  but  I  regret  exceedingly,  that  my  appointment 
should  have  tended  to  increase  the  torrent  of  calumny  against 
the  Executive: — I  believe  this  Pamphlet  will  have  no  effect  in 
this  quarter; —  I  shall  endeavor  by  a  just,  firm  and  (as  far  as 
my  Judgment  will  enable  me)  a  wise  administration,  to  convince 
the  American  World,  that  Mr.  Sargent  has  greatly  misrepre- 
sented my  character. — 

I  am  authorized  to  suppose,  that  the  warmth  of  Party,  has 
of  late,  considerably  abated  in  this  District,  and  that  a  very 
great  majority  of  the  people,  are  greatly  disposed  to  give  me 
their  most  cordial  support. — 

1  Papers  in  Relation  to  the  Official  Conduct  of  Governor  Sargent, 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  349 

On  Tuesday  next,  the  Legislature  of  this  Territory  will  com- 
mence its  Session,  and  by  the  next  mail  you  may  expect  from  me, 
further  communications. — In  the  mean  time,  Sir,  you  may  de- 
pend upon  my  exertions  to  promote  the  prosperity  and  happiness 
of  the  People,  &  I  am  sanguine  in  a  hope,  that  I  shall  be  enabled 
to  restore  to  this  Infant  settlement,  Harmony  &  mutual  Confi- 
dence. I  have  the  honor  to  be  Sir, 
with  great  respect 

your  most  Obd  Humble  Servt 

William  C.  C.  Claiborne. 
The  Hble  James  Madison 

Secretary  of  State. 


To  James  Madison. 

Natchez  December  12th  1801.— 
Sir, 

On  the  1st  Instant;  the  Legislature  of  this  Territory  con- 
vened,1 and  on  the  next  day,  I  delivered  an  address  to  the  two 
Houses  of  Assembly,  a  Copy  of  which  together  with  their  an- 
swer, you  will  find  in  the  paper  inclosed. — 

From  the  little  knowledge  I  have  of  this  Assembly,  I  will 
hazard  an  opinion,  that  it  is  composed  of  honest  men,  much 
attached  to  the  United  States,  and  devoted  to  the  Interests  of 
this  Territory. —  For  want  of  Legislative  Experience,  their 
early  proceedings  will,  no  doubt,  be  marked  with  some  Irregular- 
ities, which  I  trust  a  little  time,  and  attention,  will  greatly 
remedy. — 

I  have  the  happiness  to  acquaint  you,  that  all  opposition  to 
the  Second  Grade  of  Government  has  (apparently)  ceased,  and 
that  the  Citizens  generally  seem  contented  with  their  political 
prospects.2 — 

1  First  General  Assembly,  second  session. 

2  This  was  a  question  upon  which  the  people  were  much  divided. 


350  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

By  the  act  of  Congress  authorizing  the  establishment  of  a 
Government  in  the  Mississippi  Territory,  I  find  that  the  Powers, 
duties  &  Emoluments  of  a  Superintendant  of  Indian  affairs,  for 
the  Southern  Department,  shall  be  United  with  those  of  Gov- 
ernor : —  I  am  solicitous  that  those  Powers  should  be  defined,  and 
those  duties  prescribed;  within  the  few  days,  which  I  have  re- 
sided at  this  place,  I  have  received  many  visits  from  the  Chac- 
taw  Tribe  of  Indians,  and  the  probability  is  that  the  number  of 
those  visits  will  increase,  as  I  become  better  known;  In  some 
few  Instances,  where  the  public  good  seemed  to  justify  the  meas- 
ure, I  have  ventured  to  direct  the  Contracter  at  Natchez  to  issue 
Rations  to  Indians ; —  A  power  of  this  kind,  was  exercised  by  my 
Predecessor,  and  was  no  doubt  sanctioned  by  the  Government. — 

Upon  looking  over  the  official  Letters  of  Mr.  Sargent  on 
record  in  the  Secretary's  office,  I  discover  that  he  frequently 
mentioned  the  Embarrassment  he  experienced  in  the  Indian  De- 
partment,1 and  that  some  partial  Instructions  upon  this  subject, 
had  been  given  him;  the  extent  of  which  I  cannot  learn,  since  I 
find,  that  none  of  the  communications  from  the  Secretary  of 
State,  have  been  considered  as  public  papers,  and  are  not  filed 
in  the  Office  of  the  Secretary  for  Territory. — 

The  Chactaws  from  their  contiguity  to  this  settlement,  are 
frequently  troublesome,  &  often  commit  partial  Depredations 
upon  the  Cattle  &c  of  the  Inhabitants; —  At  other  times,  they 
receive  spirits  from  the  Citizens,  become  intoxicated  and  are 
abusive  &  viciously  inclined;  from  these  sources  disputes  arise, 
and  I  am  looked  up  to,  as  the  Arbitrator;  hence  the  necessity, 
that  I  should  be  furnished  with  an  Interpreter,  and  feeling  sensi- 
bly the  want  of  a  character  of  this  kind,  I  hasten  to  solicit  the 
permission  of  the  President,  to  employ  one. — 

An  incident  lately  happened  at  Natchez  which  I  fear  will 
be  attended  with  unpleasant  consequences —  An  Indian  of  some 
little  note,  among  the  Chactaws,  was  about  12  days  ago  in 
Natchez,  and  having  drank  too  freely  of  Spirits,  he  in  a  little 

1  This  matter  had  greatly  troubled  Gov.  Sargent. 


GOVERNOR  WILLIAM   C.  C.   CLAIBORNE.  351 

time  became  insolent,  &  was  chastised  with  some  severity  by 
an  unknown  citizen —  The  Indian  has  ever  since  (the  Evening 
he  was  whipped)  been  missing,  and  his  friends  suppose  him 
dead ;  they  have  visited  me,  on  the  occasion ;  I  have  taken  all  the 
means  in  my  power  to  have  the  Body  of  the  Indian  found  if  dead, 
or  if  living,  to  acquire  intelligence  of  his  person;  but  as  yet  no 
discoveries  have  been  made. —  The  friends  and  Countrymen  of 
the  suppose  deceased,  seem  much  displeased,  and  threaten  to  re- 
taliate; to  keep  those  people  in  good  humour,  &  to  secure  the 
Life  of  some  innocent  Citizen,  I  have  subjected  the  United  States 
to  some  little  expence,  and  for  the  incurung  of  which,  I  hope, 
I  shall  stand  excused. — 

Colonel  Steele,  the  Secretary  of  this  Territory,  still  con- 
tinues in  a  low  State  of  health,  and  is  unable  to  attend  to  busi- 
ness; this  unfortunate  circumstance  has  increased  very  consid- 
erably my  official  Labours. — 

I  am  &c. — 

William  C.  C.  Claiborne 

(The  Honble  James  Madison 
Secretary  of  State. — 


An  Address  from  the  Governor  of  the 

Mississippi  Territory  to  the  two  Houses  of 

Assembly. — 

Fellow  Citizens  of  the  Legislative  Council,  and  fellow  Citizens 
of  the  House  of  Representatives. — 

Upon  addressing  you  for  the  first  time,  in  my  character  as 
Governor  of  this  Territory,  I  feel  my  Breast  disturbed  with 
Emotions,  which  I  can  neither  suppress,  nor  conceal. — 

An  Impression  of  the  importance  of  the  charge  committed 
to  me ; —  a  distrust  of  the  sufficiency  of  my  Talents,  to  discharge 


352  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

with  propriety,  the  various  duties,  which  may  attach  to  this  high 
Station; —  A  fear,  least  my  best  endeavors  to  advance  the  pros- 
perity and  happiness  of  the  people,  might  not  prove  either  suc- 
cessful, or  satisfactory,  have  all  conspired  to  excite  in  my  mind, 
much  painful  anxiety. — 

But  under  every  Embarrassment  which  may  await  me,  I 
shall  experience  great  Relief;  I  shall  possess  that  "greatest  of 
consolations,  conscious  Rectitude,"  for  I  have  formed  a  firm  Res- 
olution to  exercise  the  authority  vested  in  me,  with  all  that  Jus- 
tice, decision  and  Impartiality,  which  my  best  and  most  deliber- 
ate Reflections  may  dictate.  If  therefore,  I  should  commit 
Errors,  and  they  naturally  attend  all  human  Efforts,  my  Heart 
will  acquit  me  of  Blame ; —  those  Errors  will  proceed  alone,  from 
defect  of  Judgment,  and  such  a  generous  people  will  always  be 
disposed  to  forgive  &  to  forget. — 

In  the  course  of  my  administration,  a  strict  adherence  to  the 
Federal  Constitution,  the  Ordinance  of  Congress,  for  our  particu- 
lar Government,  all  existing  Treaties  and  other  Laws  of  the 
United  States,  shall  constitute  my  primary  Rule  of  conduct. 

With  the  two  Houses  of  the  Legislature,  I  shall  carefully  cul- 
tivate the  most  perfect  good  understanding,  &  by  endeavouring 
to  deserve,  I  hope  to  be  honored  with  their  confidence  &  Esteem ; 
All  Laws  essential  to  the  welfare  of  our  constitients,  shall  receive 
my  most  cheerful  assent,  &  no  exertions  of  mine,  shall  be  want- 
ing, to  carry  them  into  complete  effect; —  The  policy  of  making 
ample  provision,  for  the  public  Exigencies,  shall  always  meet 
with  my  support,  but  on  all  occasions,  I  shall  esteem  it  a  duty 
to  discountenance  Extravagance,  &  to  practise  that  great  na- 
tional Virtue,  Aeconomy,  a  departure  from  which  never  fails  to 
be  accompanied  with  a  dimnution  of  the  general  happiness. — 

Fellow  Citizens  of  the  Council,  and  fellow  Citizens  of  the 
House  of  Representatives.  — 

From  the  few  days  which  have  passed,  since  my  arrival,  it 
will  not  be  presumed,  that  I  am  informed  of  those  local  In- 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  353 

conveniences  (if  any  there  are)  which  may  require  Legislative 
Interference; —  that  I  could  be  sufficiently  acquainted  with  the 
operation  of  the  existing  Laws,  to  say,  how  far  they  are  defect- 
ive;—  But  your  own  observations  on  those  points,  I  hope  to 
find  correct,  and  you  may  rely  upon  my  cordial  co-operation  in 
all  necessary  measures. —  There  are  some  subjects  however,  to 
which,  from  their  great  importance  to  society,  I  cannot  forbear 
soliciting  your  attention; —  of  these,  the  most  interesting  are 
our  Judiciary  &  Militia  Systems ;  —  on  a  proper  arrangement 
of  the  one,  materially  depends  the  security  of  our  personal 
Rights; —  with  a  due  organization  of  the  other,  is  intimately 
connected  our  safety  as  a  people. — 

As  the  Territory  increases  in  population,  the  business,  in 
the  Judicial  Department,  will  be  proportionately  enlarged,  &  such 
Provisions  ought  to  be  made  from  time  to  time,  as  will  insure  a 
prompt  redress  of  wrongs,  and  a  speedy  recovery  of  all  just 
demands;  the  people  are  intitled  to  Justice  "in  the  most  cheap, 
easy  and  expeditious  manner,  promptly  &  without  delay,  con- 
formably to  the  Laws." —  You  will  consider  therefore,  whether 
the  present  Judiciary  System  admits  of  improvement ;  The  Legis- 
lature is  vested  with  the  Authority,  to  prescribe  "the  powers  and 
duties  of  Magistrates  and  other  Civil  officers,"  and  to  make 
"Laws  in  all  cases  for  the  good  Government  of  the  District,  not 
repugnant  to  the  principles  &  articles  of  the  Ordinance." — 

With  respect  to  the  Militia,  it  is  certainly  an  object  of  very 
great  concern ; —  A  free  people  ought  to  be  well  armed,  well  dis- 
ciplined, and  at  all  times  in  a  situation  to  defend  their  Country; 
a  preparation  of  this  kind,  is  the  surest  guarantee  of  peace, 
and  a  certain  source  of  safety  in  time  of  War. —  To  form  an  en- 
ergetic and  efficient  Militia,  much  attention  and  care  are  requis- 
ite on  the  part  of  the  Government. — The  operation  of  a  Law 
upon  this  Subject,  ought  to  be  general,  and  strictly  enforced; 
Its  provisions  should  embrace  (with  a  few  exceptions,)  all  men 

23 


354  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

whom  age  or  infirmities  do  not  incapacitate  from  bodily  Exer- 
tions;—  Many  exemptions  from  Militia  service,  are  not  only  in- 
jurious to  the  Institution,  but  very  unjust; —  By  the  Social  Com- 
pact, every  able  bodied  Man,  is  bound  to  perform  personally, 
his  proportion  of  Military  duty  for  the  defence  of  the  State. — 
The  public  convenience  may  justify  a  dispensation  with  this  obli- 
gation, as  it  respects  some  of  the  principal  civil  officers,  and  per- 
haps some  religious  Sects,  who  being  conscientiously  scrupulous 
of  bearing  Arms,  their  personal  service  might  not  be  as  advan- 
tageous to  the  Territory,  as  an  Equivalent  in  Money.  — 

Fellow  Citizens  of  the  Council,  and  fellow  Citizens  of  the 
House  of  Representatives. — 

Under  the  smiles  of  a  beneficial  Providence,  I  indulge  a 
pleasing  hope,  that  our  Constituents  will  enjoy  a  great  share 
of  happiness  and  prosperity. — 

Favored  with  a  soil,  so  fertile  as  to  reward  abundantly  the 
Industry  of  man,  &  a  climate  propitious  to  almost  every  produc- 
tion ;  so  situated  on  the  Map  of  America,  that  the  rich  commerce 
of  the  West,  passes  in  review  before  us,  and  adds  daily  increase 
to  our  wealth ;  surely  the  Blessings  of  Independence  and  Plenty 
may  be  acquired  by  every  Citizen!  Possessing  a  temporary  and 
local  constitution  founded  on  the  Representative  principle,  and 
justifying  an  expectation  that  it  will  prove  equal  to  the  support 
of  Good-order,  and  our  common  Interest ;  —  In  a  particular  man- 
ner too,  placed  (during  our  infant  state)  under  the  superintend- 
ing care  of  that  wise  &  virtuous  Government,  which  I  trust, 
will  long  dispense  with  an  equal  and  liberal  hand,  Peace,  Liberty 
and  safety  to  all  United  America;  surely  we  ought  to  consider 
our  political  felicity  as  greatly  secured. —  But  those  fair  pros- 
pects will  all  be  destroyed,  unless  aided  by  just  and  equal  Laws, 
and  those  supported  by  a  virtuous  people. — 

If  indolent  and  viscious  habits,  Luxury  and  extravagance 
should  become  prevalent  in  our  society;  the  depression  of  the 
many,  and  the  aggrandisement  of  the  few,  will  eventually  ensue : 
: —  If  the  Citizens  should  attach  little  value,  to  that  first  privilege 


GOVERNOR  WILLIAM  C.   C.   CLAIBORNE.  355 

of  freemen,  the  Right  of  suffirage,  and  elect  to  office  men,  in 
whose  characters,  Integrity,  Love  of  Country,  and  of  Civil  and 
religious  Liberty,  are  not  eminently  conspicuous;  then  Legisla- 
tion may  become  a  source  of  oppression !  and  lastly !  when  Party 
Spirit,  that  Bane  to  happiness,  gains  an  ascendency  in  our  Land, 
and  those  civil  dissensions  are  fostered,  which  enslave  the  mind, 
and  enable  passion  to  triumph  over  Reason ;  then  there  can  exist, 
no  certain  security,  and  the  best  Interests  of  Man  will  be  put  to 
hazard. — 

But  those  misfortunes  will  never  befall  this  Territory;  I  hope 
that  the  great  Governor  of  the  Universe,  has  decreed  for  this 
people,  the  happiest  of  Destinies. — 

Let  us  then  with  great  humility  and  Gratitude  to  Almighty 
God,  the  Author  of  all  Good,  cultivate  and  improve  those  Bless- 
ings which  are  so  liberally  extended  to  us : —  In  the  pursuit  of  Ag- 
riculture, Commerce,  Manufacturies  &  the  Arts,  let  every  person 
be  equally  protected  and  in  proportion  to  his  merit  respected : — 
In  the  support  of  Order,  the  promotion  of  Morality,  and  the  sup- 
pression of  Vice,  let  us  all  unite,  and  enrich  Society  with  the 
charms  of  harmony  and  Concord. —  While  we  feel  and  manifest 
our  attachment  to  the  Union,  with  the  Mother  States,  let  us  im- 
press the  advantages  of  that  Union,  upon  the  minds  of  our  chil- 
dren, and  by  rearing  them  up  in  the  paths  of  Virtue  and  Science, 
enable  them  the  better,  to  appreciate  the  excellencies  of  a  free 
Government,  and  to  bcome  useful  to  themselvs  and  Country. — 

William  C.  C.  Claiborne. 

Natchez  December  2nd  1801 — 


To  the  above  Address  the  Assembly  returned  the  following 
Answer. — 

To  His  Excellency  William  C.  C.  Claiborne  Governor  of  the 
Mississippi  Territory. 
Sir, 

Your  Address  delivered  to  both  Houses  of  the  General  Assem- 
bly on  Tuesday  last,  was  received  with  the  highest  satisfaction ; 


356  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

—  The  sentiments  you  then  expressed,  are  truly  becoming  the 
republican  character;  and  the  Governor  of  a  free  people —  and 
which  we  are  convinced  will  be  manifested,  throughout  the 
course  of  your  administration. — 

The  importance  of  the  trust  reposed  in  you  as  Governor, 
is  great; —  But  from  the  ample  resources  of  your  mind,  and 
your  vigilent  attention  to  business  we  trust  you  will  be  enabled, 
to  discharge  with  credit  to  yourself  and  satisfaction  to  the 
people,  the  arduous  duties  of  your  high  Station. — 

Your  determination  of  a  strict  adherence  to  the  Federal  Con- 
stitution, Treaties,  and  Laws  of  the  United  States,  we  highly 
approve  and  in  which  you  may  rely  on  our  co-operation  and  sup- 
port.— 

We  reciprocate  Sir,  your  disposition  to  cultivate  a  good 
understanding  with  the  two  Houses  of  Legislature ; —  and  permit 
us  to  assure  you,  that  you  are  received  by  them  as  the  Patron 
and  friend  of  our  Country; — and  that  their  confidence  &  esteem 
is  proportionably  to  your  superior  merit. — 

The  Legislature  may  in  the  course  of  their  deliberations  be 
incorrect,  but  with  the  aid  of  a  Governor  well  disposed  and  emi- 
nently qualified  we  may  fairly  presume  to  hope  no  material  in- 
jury can  arise  to  the  community  from  their  inadvertences. — 

We  think  with  you  Sir,  that  it  will  be  the  duty  of  the  Gov- 
ernor to  practise  Aeconomy  and  from  which  we  trust  the  Legis- 
lative Authority  of  the  Mississippi  Territory  will  never  deviate. — 

Since  your  arrival  Sir,  it  is  impossible  you  could  be  informed 
of  all  the  local  inconveniences  which  require  Legislative  inter- 
ference;—  But  those  inconveniences  are  numerous  and  many 
of  them  extremely  oppressive,  and  these  which  can  only  be  known 
to  you  in  theory,  have  been  severely  felt  by  the  Citizens  in  ex- 
perience.— 

One  evidence  of  the  Laws  being  defective  is  that  the  political 
situation  of  the  Country,  in  every  view  is  much  worse  than  before 
their  publication. — 

The  Legislature  are  very  sensible  of  the  great  importance 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  357 

of  the  Subjects  to  which  you  have  solicited  their  attention  and 
foresee  the  consequences  of  delay. — 

We  do  most  heartily  and  sincerely  unite  with  you  in  gratitude 
to  Almighty  God,  the  Author  of  all  Good,  for  the  blessings  you 
have  enumerated,  so  liberally  bestowed  to  the  People  of  this 
Country. — 

We  entirely  coincide  with  you  in  all  matters  respecting  our 
internal  Peace  and  tranquility  which  we  flatter  ourselves  we 
shall  enjoy  under  your  administration  from  a  gracious  and  indis- 
criminate pratronage  extended  to  all  good  Citizens,  which  will 
shelter  us  from  the  baneful  influence  of  party  Spirit,  and  every 
device  that  may  disturb  our  repose. — 

Permit  us,  Sir,  to  repeat  the  assurances  of  our  confidence 
and  esteem. —  And  accept  our  best  wishes  for  your  personal  hap- 
piness and  prosperity.  — 

Henry  Hunter, 

Speaker  of  the  House  of  Representatives. 
John  Ellis 
President  of  the  Council 

Natchez, 

December  4th  1801— 


From  Benjamin  Hawkins1  to  Gov.  Claiborne. 

A  Letter  from  Colo:  Benjamin  Hawkins  to  the  Governor  of 
the  Mississippi  Territory. 

Fort  Adams  10th  Deer  1801- 

Mr.  Dunbar2  arrived  last  evening  and  delivered  me  your 
favor  of  the  4th  instant. —  The  Indians  have  been  a  long  while  on 
the  path  &  we  have  now  with  us  a  respectable  representation  of 
the  Chactaws;  and  shall  continue  our  conference  with  them  in 
2  or  3  days — 

1  Agent  to  the  Creek  Indians.    For  historical  sketch  of  this  remarkable 
pioneer  see  Chappell's  "Miscellanies  of  Georgia,"  pages  59-73. 
"William  Dunbar. 


358  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

It  is  my  duty  to  lay  the  enclosed  before  you,  for  your  informa- 
tion, that  you  may  take  such  measures  as  you  may  deem  proper 
in  relation  thereto —  It  is  much  to  be  wished  that  the  people  of 
this  Territory  could  be  prevailed  on  to  observe  a  friendly  deport- 
ment towards  the  Indians  particularly  on  occasions  like  the  pres- 
ent ;  as  all  intecourse  by  land  between  us  and  the  Atlantic  States 
is  through  the  Indian  Lands  a  disposition  on  their  part  un- 
friendly towards  travellers  would  greatly  incommode  them;  and 
we  have  a  right  to  expect  the  improper  conduct  detailed  to  you  if 
not  timely  checked  will  tend  to  generate  such  a  disposition. — 
The  case  of  the  man  supposed  to  be  murdered  should  be  ex- 
amined into  in  usual  form  &  a  candid  statement  made  of  it 
to  the  agent  accompanied  only  with  general  assurances  of  a 
disposition  friendly  to  Indians  and  a  determination  to  exercise 
the  full  force  of  your  authority  to  bring  the  offender  to  justice ; 
—  This  will  be  highly  satisfactory  to  the  Chiefs.  — 

I  am  not  very  well,  having  caught  a  cold —  I  shall  write  your 
again  if  any  thing  interesting  occurs. — 

I  have  the  honor  to  be  with  sincere 

regard  and  much  esteem 
Dear  Sir, 
Your  Obd  Sert- 

Benjamin  Hawkins. 

The  bearer  is  the  brother  to 

the  man  supposed  to  be  murdered 

he  speaks  English. — 


From  John  McKee  to  Benjamin  Hawkins. 

Loftus  Heights  Deer  9th  1801- 
Lewis  Vaun,  a  half  breed  Chactaw  states  to  me  from  infor- 
mation given  him  by  a  frenchman  of  Natchez,  that  on  or  about 
the  26th  day  of  last  month  his  brother  Samuel  Vaun  was  in  the 
town  of  Natchez  where  he  was  seen  in  the  evening  in  company  of 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  359 

a  Chactaw,  both  intoxicated  and  quarreling;  they  separated  in 
the  street  and  Vaun  as  he  walked  along  met  a  waggon  or  Cart 
on  which  he  laid  hold —  the  Carter  advised  him  to  go  away  least 
he  might  receive  some  injury  from  the  cart,  and  was  obliged 
at  last  to  disengage  him  by  force  and  push  him  away —  he  then 
went  close  to  the  Bluff,  returned  and  was  seen  sitting  in  the  street 
near  a  Hatter's  shop  where  he  had  that  day  purchased  a  hat,  and 
that  he  has  not  been  seen  or  heard  of  since. — 

Lewis  Vaun  has  farther  heard  from  a  Chactaw  that  he  was 
informed  by  a  Negro  belonging  to  a  bald-headed  white  man 
living  on  Look,  ye,  a,hoo,la  (supposed  to  be  St.  Catherine)  that 
his  brother  Samuel  was  killed  by  a  Negro; —  He  had  with  him 
two  blankets,  two  hats,  one  piece  of  binding  and  twenty  dollars. — 

I  take  this  opportunity  of  representing  to  you  for  the  infor- 
mation of  the  Commissioners  that  many  of  the  Chactaws  now 
here  have  complained  to  me  of  ill  treatment  they  say  they  have 
received  from  the  white  people  on  their  way  between  Homo 
Chitto  and  Buffaloe,  and  to  add  my  opinion  that  if  such  acts  of 
violence  do  not  meet  a  speedy  and  decided  check  they  will  in- 
evitably lead  to  serious  &  deplorable  Consequences. 

With  sincere  respect  &  esteem 

I  have  the  honor  to  be, 
Sir, 

Your  obedient  Servant 

John  McKie 

The  Honble 

Colo.  Hawkins. 


To  Benjamin  Hawkins. 

The  Governor  returned  to  Colo:  Hawkins'  Letter  the  follow- 
ing Answer. - 

Natchez  December  14th  1801- 
Dear  Sir, 

On  the  evening  of  the  12th  Instant,  I  received  by  Lewis  Vaun, 
your  Communication  of  the  10th  together  with  the  Statement 
made  to  you  by  Colo :  McKie. — 


360  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

I  am  sorry  that  the  conduct  of  any  portion  of  the  Citizens  of 
this  Territory,  should  have  been  such  as  to  excite  the  displeasure 
of  the  Indians  and  as  an  evidence  of  my  great  solicitude  to  check 
for  the  future,  similar  acts  of  Imprudence,  and  to  preserve  a 
friendly  understanding  with  our  Indian  Brethren,  I  have  this 
day  issued  a  Proclamation,  of  which  the  enclosed  is  a  Copy; — 
Perhaps  my  caution  to  the  People  is  not  sufficiently  strong,  but 
in  the  course  of  my  little  experience  of  the  disposition  of  Fron- 
tier Citizens,  in  relation  to  Indians,  I  have  uniformly  discovered, 
that  the  language  of  persuasion,  and  friendly  advice  was  more 
likely  to  produce  a  happy  effect  than  any  threat  of  prosecution 
&  punishment,  which  could  be  made. 

The  case  of  the  man  supposed  to  be  murdered,  has  heretofore 
and  will  continue  to  receive  my  attention : —  But  the  fate  of  the 
Indian  missing  continues  so  uncertain,  and  the  proof  of  real  Vio- 
lence having  been  offered  his  person  so  deficient,  that  it  is  not 
in  my  power  as  yet,  to  take  any  efficient  measures. — 

In  a  conference  which  I  have  had  with  Lewis  Vaun  the  broth- 
er of  the  supposed  deceased  I  have  with  great  sincerity  given  him 
the  fullest  assurance  that  all  proper  exertions  shall  be  made 
by  me,  to  discover  and  punish  the  guilty  person,  if  a  murder  has 
actually  been  Committed;  early  next  Spring,  Lewis  Vaun  has 
promised  to  pay  me  another  visit  and  in  the  mean  time,  he  has 
pledged  his  word  "that  his  heart  shall  be  straight."  — 

With  best  wishes  for  a  speedy  recovery  of  your  health,  and 
the  Complete  Success  of  your  Mission1 —  I  remain  with  great 
respect  &  sincere  Esteem 

Your  most  obd :  hble :  servt. 

William  C.  C.  Claiborne 

Colo:  Benjamin  Hawkins. — 

1  Treaty  with  Choctaws  at  Fort  Adams  December  17,  1801,  Laws  of  U. 
S.,  344. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  361 

By  his  Excellency  William  C.  C.  Claiborne  Governor  and  Com- 
mander in  Chief  in  and  over  the  Mississippi  Territory. — 

A  PROCLAMATION.— 

Whereas  I  have  received  Official  Information,  that  many  of 
the  Chactaw  Indians  who  are  now  attending  the  Treaty  at  Fort 
Adams,  are  much  dissatisfied  in  consequence  of  certain  "111  treat- 
ment, which  they  report  to  have  received  (while  on  their  Jour- 
ney) from  the  white  People  residing  between  Homo  Chitto  and 
Buff  aloe" ; —  And  whereas  a  repetition  of  such  treatment,  might 
generate  111- Will,  and  eventually  interrupt  that  friendly  under- 
standing which  exists  between  the  United  States,  and  the  Chac- 
taw Nation,  I  have  thought  proper  to  issue  this  my  Proclamation, 
hereby  earnestly  exhorting  and  requiring  all  and  singular  the 
citizens  of  this  Territory,  to  refrain  from  all  manner  of  Offence 
and  violence  against  all  and  singular  the  Indians,  who  may  be 
going  to,  or  returning  from  the  Treaty  aforesaid,  or  who  at 
any  time  hereafter,  may  in  a  peaceable  manner,  be  passing 
through  the  settlements  of  this  Territory. — 

I  am  well  aware  that  the  good  people  of  this  District  are 
subjected  to  some  inconvenience  from  Indian  Visits,  and  which  of 
late,  are  so  frequent,  as  to  become  burthensome; —  But  the 
Object,  for  the  attainment  of  which,  the  Chactaws  have  been  in- 
vited from  their  own  Country,  being  of  great  importance  to  the 
United  States,  I  trust  that  every  good  Citizen  will  Cheerfully 
submit  to  a  temporary  Inconvenience,  and  on  all  occasions  cau- 
tiously avoid  every  Act  which  might  prevent  the  Complete  suc- 
cess of  the  Negociation,  or  disturb  that  friendship  with  our 
Indian  Brethren,  which  enables  the  Traveller  in  the  Wilderness 
to  sleep  secure,  and  the  Farmer  on  the  Frontier,  to  cultivate  his 
field  in  safety. — 


362  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Given  under  my  hand,  &  the  Seal  of  the  Territory  near 
Natchez,  on  the  fourteenth  day  of  December ;  one  thousand  eight 
hundred  &  one,  and  in  the  twenty  sixth  year  of  American  Inde- 
pendence.— 

William  C.  C.  Claiborne. 
By  his  Excellency's  Command 
John  Steele,  Secretary 


On  the  18th. .  of  December,  the  Governor  issued  the  following 
Proclamation. — 

By  his  excellency  William  C.  C.  Claiborne  Governor  and  com- 
mander in  Chief  in  &  over  the  Mississippi  Territory. — 

A    PROCLAMATION  — 

Whereas  the  Legislative  Council,  &  House  of  Representatives 
of  this  Territory  were  by  adjournment  to  have  met  in  General 
Assembly,  at  the  Town  of  Natchez  in  the  Government  House, 
on  Monday  the  14th . .  day  of  the  present  Month ;  And  whereas 
by  an  uncommon  fall  of  Rain,  which  had  raised  the  water 
Courses,  and  prevented  all  &  singular  the  Members  of  the  Coun- 
cil, and  House  of  Representatives,  from  attending  at  the  place,  & 
on  the  day  aforesaid ; —  And  whereas  doubts  have  arisen,  whether 
or  not  by  this  event  the  Session  of  Assembly  is  not  Closed,  and 
cannot  constitutionally  be  resumed,  without  the  express  Au- 
thority, and  command  of  the  Governor:  Now  therefore  to  quiet 
all  doubts  upon  this  subject,  &  to  give  no  ground,  for  any  person, 
who  may  be  so  disposed,  to  question  the  validity  of  the  Acts  of 
the  present  Assembly:  I  have  thought  proper  to  issue  this  my 
Proclamation,  hereby  requiring  and  Commanding  the  Members 
of  the  Legislative  Council  &  those  of  the  House  of  Representa- 
tives respectively,  to  met  in  General  Assembly,  at  the  Govern- 
ment House  in  the  Town  of  Natchez,  on  Saturday  the  19th —  day 
of  the  present  Month,  at  the  hour  of  10  O'clock  in  the  forenoon — 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  363 

Given  under  my  hand,  and  the  Seal  of  the  Territory,  near 
Natchez  on  this  18th  day  of  December  Anno  Domini  1801,  and  in 
the  (Twenty-)  Sixth  year  of  American  Independence 

(Seal)  William  C.  C.  Claiborne 

By  his  Excellency's  Command — 
John  Steele,  Secretary — 


To  James  Madison,  Secretary  of  State. 

Natchez  December  20th . .  1801— 
Dear  Sir, 

I  have  at  this  moment,  been  informed,  that  the  Commission- 
ers of  the  United  States,1  have  concluded  a  Treaty  (at  Fort 
Adams)  with  the  choctaw  Nation;  The  Chiefs  have  consented  to 
the  Opening  of  a  Road,2  through  their  Lands  to  Tennessee,  but 
refuse  permission  to  erect  houses  of  accommodation  :  I  presume 
therefore,  that  this  work  will  shortly  be  commenced,  and  when 
completed,  will  no  doubt  prove  a  great  public  convenience. — 

The  western  commerce,  the  present  and  ensuing  Year,  will 
be  infinitely  more  valuable,  that  it  heretofore  has  been-  great 
quantities  of  Flour  &  other  articles  of  Export,  have  within 
these  few  days  arrived  at  and  passed  by  this  Town,  and  the 
Mississippi  presents  daily  a  strong  proof  of  the  great  increase 
of  Industry,  &  wealth,  among  our  Western  fellow  Citizens. — 

In  this  Territory  the  labour  of  the  Farmer  will  be  liberally 
rewarded;  our  Staple  commodity  Cotton  has  been  very  pro- 
ductive, &  meets  with  an  immediate  and  lucrative  Market. —  I 
have  heard  it  supposed  by  men  whose  opinions  are  entitled  to  re- 
spect, that  the  aggregate  amount  of  the  Sales  of  Cotton,  raised 
the  present  year,  in  this  District,  will  exceed  700,000  Dollars, 
which  among  a  people,  whose  numbers   (of  all  denominations) 

'James  Wilkinson,  Benjamin  Hawkins  and  Andrew  Pickens. 
2This  road  was  laid  out  and  was  known  as  the  "Natchez   Trace"  or 
"Robinson  Road." 


364  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

do  not  exceed  nine  thousand,  is  an  immense  Revenue ; —  The,  fact 
is,  that  Labour  here,  is  more  valuable,  than  in  any  other  part  of 
the  United  States,  and  the  industrial  portion  of  the  Citizens,  are 
amassing  great  fortunes ; —  These  are  truths  so  generally  admit- 
ted, that  the  former  objection  to  the  Second  Grade  of  Government 
"the  increased  Expence,1  &  the  Inability  of  the  people  to  meet 
it"  seems  to  be  abandoned,  and  I  hope  will  never  again  be  re- 
vived.— 

The  Territorial  Legislature,  (who  are  still  in  Session)  are 
engaged  in  the  formation  of  a  new  Judiciary  System; —  The 
manner  in  which  the  Superior  and  Inferior  Courts  have  hereto- 
fore been  arranged,  meets  with  general  disapprobation,  and  there 
is  certainly  great  Room  for  amendment; —  But  it  is  doubtful 
whether  such  will  ultimately  be  made;  unfortunately  there  is  a 
great  difference  between  the  Judges  of  the  Supreme  Court,  &  the 
People;  one  half  of  the  Citizens,  &  perhaps  a  greater  number, 
have  no  confidence  in  the  Judiciary;  the  Members  of  the  two 
Houses  of  Assembly  are  among  the  most  prejudiced,  and  I  fear 
upon  this  Subject  they  will  be  inclined  to  Legislate  rather  against 
Men,2  than  upon  principle;  This  is  really  an  unpleasant  State  of 
things,  and  will  not  fail  to  be  a  source  of  much  trouble  to  me.3 — 
A  late  decision  made  by  the  Superior  Court,  for  this  Territory 
(and  which  probably  will  be  found  strictly  legal)  has  given  rise 
to  much  Complaint,  and  in  a  particular  manner  excites  the  sym- 
pathy of  the  Legislature. —  Subsequent  to  the  ratification  of 
the  Treaty  with  the  United  States  and  Spain,  and  shortly 
before  this  District,  was  evacuated  by  the  Spaniards,  the  Spanish 
Governor  General,  &  his  agents  granted  to  some  of  their  Favor- 
ites, much  valuable  Land,  and  in  order  that  the  Grants  upon  In- 
spection, might  appear  legal,  they  were  made  to  bear  date,  pre- 
vious to  the  Treaty; —  This  kind  of  Conduct,  is  known  to  have 

1  The  principal  argument  against  the  second  grade  of  government. 

2  The  outcome  of  political  differences  in  the  Sargent  administration. 

8  Chief  Justice  Seth  Lewis  gives  an  interesting  account  of  the  war  which 
was  made  on  the  Court  by  the  Legislature,  in  his  manuscript  autobiography, 
which  is  on  file  in  the  Mississippi  Department  of  Archives  and  History. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  365 

been  practised,  and  indeed  some  persons  who  have  been  benefited 
by  the  fraud,  are  stated  to  me  to  have  avowed  it. — In  some  few 
instances,  those  fraudulent  Grants  were  made  for  Lands,  which 
had  been  previously  bona  fide  granted,  and  in  a  case  of  this  kind, 
where  a  suit  has  been  brought,  the  holder  of  the  fraudulent 
Grant,  (which  was  eldest  in  date)  obtained  a  Recovery: —  In 
the  Inferior  Court,  where  the  Case  was  first  enquired  into,  parole 
Testimony  was  admitted  to  invalidate  the  antidated  Grant,  & 
the  Defendant  obtained  a  verdict ;  But  upon  an  appeal  to  the  Su- 
perior Court,  the  parole  testimont  was  declared  inadmissible, 
and  of  course  the  Plaintiff  succeeded: —  This  case  is  thought  a 
hard  one,  and  the  Legislature  to  afford  a  remedy,  had  it  in  con- 
templation, to  pass  a  Law  authorizing  the  admission  of  parole 
testimony,  to  invalidate  certain  Spanish  Grants,  but  upon  my 
intimating  to  some  of  the  Members,  that  I  could  not  for  the 
present,  assent  to  a  measure  of  that  kind,  it  has  not  been  passed. 
—  I  am  persuaded  that  the  Spanish  agents  were  guilty  of  the  con- 
duct; with  which  they  are  charged,  &  that  in  this  way,  much 
Land,  which  according  to  strict  Right,  ought  to  be  considered 
vacant,  has  been  granted, —  But  I  do  not  know,  how  this  business 
is  to  be  remedied;  A  statute  for  the  admission  of  parole  Testi- 
mony to  disprove  a  Record,  would  be  a  great  Innovation  upon  the 
Laws  of  Evidence,  and  might  lead  to  injurious  Consequences,  and 
yet  I  can  see  no  other  way,  in  which  the  frauds  complained  of 
can  be  guarded  against,  unless  indeed,  a  Court  of  Chanchery 
would  reach  the  case,  and  it  seems  to  be  the  opinion  of  most  of 
the  Lawyers  here  that  it  would  not. — 

If  this  subject  should  be  deemed  of  sufficient  Importance;  I 
should  be  happy  to  obtain  your  sentiments  thereon. — I  believe 
before  the  Rise  of  the  Legislature,  they  will  present  me  with  a 
pretty  strong  Militia  Law,  &  which  is  really  much  wanting  in 
this  Territory. —  My  Predecessor  notwithstanding  the  exercise 
of  great  exertions,  was  unable  to  organize  the  Militia,  and  (ex- 
cept the  regular  Troops  at  Fort  Adams)  I  found  the  Terri- 
tory entirely  defenceless. — 


366  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  Citizens  are  not  armed,  nor  can  suitable  Arms  I  fear  be 
procured  in  this  District ;  It  would  add  greatly  to  the  security  of 
this  distant  and  exposed  Frontier  if  the  Executive  would  send  to 
Natchez  about  four  hundres  Muskets,  and  as  many  Rifles,  with 
directions,  that  they  be  sold  at  such  price,  as  would  reimburse 
the  United  States  the  original  Cost. —  Until  the  Militia  of  the 
Territory,  are  well  armed  &  disciplined,  my  mind  will  not  be 
tranquil;  Bordering  upon  the  Dominions  of  a  Foreign  Power, 
separated  from  the  nearest  State  (Tennessee)  by  a  wilderness 
of  600  miles  in  extent; —  in  the  Neighbourhood  of  numerous 
Savage  Tribes,  and  with  a  population  of  Negroes,  nearly  equal 
to  the  number  of  Whites : —  There  exists  no  certainty  for  Peace, 
&  our  best  reliance  for  safety  must  depend  upon  a  well  armed  & 
well  trained  Militia. — 

The  Spanish  Government  at  New  Orleans  (from  latest  in- 
formation) pays  great  respect  to  the  commerce  of  the  United 
States,  and  continues  very  friendly  to  the  Americans  who  visit 
that  Port.  — 

It  is  still  reported  that  Louisiana  &  East  &  West  Florida, 
are  ceded  to  France,  &  in  support  of  the  truth  of  the  Report 
that  a  Court  of  Chancery,  would  give  relief  against  those  Anti- 
it  is  stated  that  the  Fortifications  at  New  Orleans,  were  of  late 
much  neglected,  and  going  fast  to  decay.1 — 

With  great  respect  &  sincere  Esteem — 
I  am  Dear  Sir, 

Your  most  Obd.  Hble. .  Servt — 

William  C.  C.  Claiborne. 

The  Hble —  James  Madison 
Secretary  of  State — 

JThis  letter  appears  at  pages  222  and  223  of  Claiborne's  "Mississippi," 
but  strange  liberties  are  taken  in  quoting  it, 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  367 

To  James  Madison,  Secretary  of  State. 

Natchez  January  8th . .  1802 — 
Sir, 

Since  my  Letter  of  the  20th . .  Ultimo,  I  have  had  nothing  very 
interesting  to  communicate. — 

The  Territorial  Legislature  have  not  risen;  they  progress 
slowly  in  Business,  but  what  they  do  transact,  will  I  trust  be 
marked  with  care  &  prudence. — 

Political  disquietude  is  nearly  exiled  from  this  Territory; 
among  the  people  I  can  learn  of  no  other  discontent,  but  on  the 
subject  of  the  Judiciary,  of  which,  I  advised  you  in  my  last 
Letter;  on  this  point,  my  best  endeavours  to  remove  distrust,  & 
to  excite  Confidence,  have  failed  of  success; —  It  is  to  be  la- 
mented, that  the  Supreme  Court  for  this  Territory,  should  be  so 
deficient  in  Law  knowledge.  —  The  Chief  Justice  Mr.  Lewis  is 
certainly  a  man  of  Talents,  &  was  respectable  as  a  Lawyer,  but 
his  Colleagues  Messrs.  Tilton  &  Bruin,  (however  amiable  they 
may  be  in  private  Life)  are  generally  supposed,  not  to  be  quali- 
fied for  the  offices  they  hold. —  Mr.  Bruin  was  (I  believe)  brought 
up  as  a  Merchant  and  Mr.  Tilton  it  is  said  some  years  ago  read 
Law  12  or  18  months,  but  was  never  in  the  practice ; —  If  either 
of  those  Gentlemen  should  resign,  (and  it  is  probable,  that  one  of 
the  two  will  in  a  short  time)  I  sincerely  hope  that  the  vacancy 
may  be  filled  with  a  character  possessing  good  Law  informa- 
tion.— 

The  Legislature  have  now  under  Consideration,  a  Bill  to  vest 
in  the  Superior  Court,  an  equity  jurisdiction;  I  believe  myself 
dated  Grants  mentioned  to  you,  in  my  Letter  of  the  20th —  Ulti- 
mo ; —  These  frauds  have  certainly  been  numerous,  &  if  no  way 
can  be  devised  to  discover  &  defeat  them,  much  confusion,  & 
wrong  will  (possibly)  arise  in  this  Government. — 

The  News  of  Peace  in  Europe,1  reached  this  place  on  yester- 
day, by  the  way  of  New  Orleans: —  I  congratulate  you  on  this 

treaty  between  England  and  France  signed  October  1,  1801. 


368  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

great  Event ;  it  is  interesting  to  the  cause  of  humanity,  &  cannot 
fail  to  advance  the  happiness  of  mankind. — 

Colo :  Steele  continues  in  bad  health,  and  unable  to  attend  to 
Business. — 

Accept  assurances  of  my  great  Respect  &  sincere  Esteem — 
I  am,  Sir, 

your  most  obd :  Hble :  Servt. 

William  C.  C.  Claiborne 
The  Honble :  James  Madison 
Secretary  of  State — 


To  Lewis  Evans. 


The  Governor  wrote  the  following  Letter  to  Mr.  Lewis  Evans, 
on  removing  him  from  the  office  of  Sheriff  of  Adams  County. — 

Natchez  January  9th —  1802. 
Sir, 

Mr.  David  Ker  is  appointed  your  Successor  as  Sheriff  for  the 
County  of  Adams,  and  was  this  day  sworn  into  office;  you  will 
therefore  be  good  enough  to  deliver  to  Mr.  Ker,  any  papers  in 
your  hands  appertaining  to  the  duty  of  Sheriff  for  Adams 
County,  and  condiser  yourself  no  longer  authorized  to  act  in  that 
Character. —  It  will  be  your  duty  also,  to  surrender  to  Mr.  Ker 
any  prisoners  which  you  may  have  in  charge,  together  with  the 
Keys  of  the  Jail,  &  such  other  public  property,  as  may  have  been 
confided  to  our  care. — 
With  great  respect. 

I  am  Sir, 

your  hble —  Servt — 

William  C.  C.  Claiborne. 
Mr.  Lewis  Evans.  — 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  369 

To  William  Vousdon. 

The  Governor  wrote  the  following  Letter  to  Mr.  William 
Vousdon  upon  his  declining  to  serve  as  Treasurer  General. — 

Near  Natchez  January  11th —  1802 — 
Sir, 

I  have  received  your  Letter  of  the  9th  Instant  in  which  you 
express  an  Intention,  not  to  accept  the  Commission  of  Treasurer 
General  for  this  Territory — 

I  was  very  solicitous  to  have  availed  the  Public  of  your  serv- 
ices in  so  important  an  office,  but  the  reason  you  assign  for  de- 
clining, is  such,  that  I  can  no  further  press  your  acceptance,  and 
must  pray  you,  to  receive  my  best  wishes,  for  a  speedy  restoration 
of  your  health. — 

With  respect  and  Esteem. 
I  am  Sir, 

your  most  obd.  Hble —  Servt 

William  C.  C.  Claiborne 


Treasurer  General. 


Abner  Green  Esquire,  was  on  the  12th.  January  ap- 


pointed by  the  Governor,  Treasurer  General. — 


To  James  Madison. 

Natchez  January  20th—  1802 — 
Sir, 

I  take  the  liberty  to  enclose  for  your  perusal,  a  Letter,  which 
I  this  day  received  from  Mr.  Harding,  the  Attorney  General 
of  this  District  containing  an  interesting  detail  of  the  situation 
of  some  claims  for  Land  in  this  Territory. — 


370  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

A  Judicial  Decision,  which  was  noticed  in  my  Letter  of  the 
20th —  Ultimo,  is  the  one  alluded  to  by  Mr.  H,  &  if  the  Statement 
made  by  this  Gentleman  be  correct,  and  I  have  now  reason  to 
believe  that  it  is  strictly  so,  it  seems  to  me,  that  the  legality  of  the 
opinion  delivered  by  the  Supreme  Court  may  well  be  ques- 
tioned.— 

I  must  ask  the  favour  of  you,  to  lay  Mr.  Harding's  Letter, 
before  the  Attorney  General  of  the  United  States,  and  to  request 
his  opinion  how  far  the  antidated  Spanish  Grants  may  be  con- 
sidered as  valid,  &  in  what  manner,  it  would  be  most  advisable, 
to  have  them  investigated; —  The  clamours  of  Citizens  here, 
are  great  upon  this  subject,  &  their  resentment  much  excited,  at 
the  Idea,  that  the  Parties  concerned  in  such  frauds,  should  de- 
rive any  benefit  therefrom. — 

The  Peace  in  Europe,  has  greatly  lessened  the  price  of  all 
Exports  (except  Cotton  which  continues  high  &  in  demand)  at 
New  Orleans,  &  I  fear  that  many  of  the  Western  Citizens,  who 
have  lately  adventured  in  the  Mississippi  Commerce,  will  sustain 
great  loss.  — 

It  was  two  days  ago  reported  in  this  Town,  that  an  Em- 
bargo was  about  to  be  laid  upon  American  Vessels  at  Orleans, 
and  the  Commerce  for  the  future,  would  be  excluded  that  Port. 
— Although  I  gave  no  credit  to  so  improbable  an  event,  it  became 
my  duty  to  trace  the  report  to  its  source,  &  am  now  authorized 
to  suppose  it  entirely  unfounded: —  The  Spanish  Government 
however  at  Orleans,  has  of  late,  manifested  some  solicitude  & 
uneasiness —  the  cause  of  this  anxiety  is  not  certainly  known,  but 
an  American  at  Orleans  conjectures  that  it  proceeds  from  the 
cession  of  Louisiana  to  France,  and  the  approach  of  French 
Troops  to  take  possession  of  the  District : —  I  hope  &  believe  this 
conjecture  will  prove  groundless,  but  it  seems  to  be  credited  in 
this  quarter. — 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  371 

I  have  not  had  the  honour  of  a  communication  from  you 
since  my  arrival  at  Natchez. — 

With  the  most  respectful  consideration, 
I  am  Sir, 

Your  very  Hble —  Servant 

William  C.  C.  Claiborne 
Hble.. 

James  Madison 

Secretary  of  State. — 


To  Thomas  Jefferson,  President  of  the  United  States. 

Copy  of  a  Letter  from  the  Governor,  to  the  President  of  tht 
United  States. — 

Natchez  January  21st.  1802 — 
Sir, 

I  have  the  honour  to  enclose  you,  an  address  from  the  House 
of  Representatives  of  the  Mississippi  Territory,1  &  have  the 
pleasure  to  add,  that  the  sentiments  it  contains,  are  in  unison 
with  the  feelings  of  a  great  Majority  of  the  Citizens  of  this  Ter- 
ritory.— 

I  am  persuaded  an  opinion  generally  prevails  in  this  District, 
that  the  Liberty,  Peace,  &  safety  of  our  Country,  greatly  depend 
upon  the  preservation  of  our  present  National  Union,  &  free 
Government;  and  to  give  duration  to  such  important  Impres- 
sions, will  be  among  the  greatest  objects  of  my  public  cares.  — 
With  great  Respect  and  sincere  Esteem 
I  am  Sir, 
Your  most  obd :  Hble . .  Servant — 

William  C.  C.  Claiborne— 
The  Honble. .  Thomas  Jefferson 
President  of  the  U.  States — 

1  The  address,  with  the  reply  of  the  President,  are  on  file  in  the  Depart- 
ment of  Archives  and  History. 


372  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Thomas  Jefferson,  President  of  the  United  States. 

House  of  Representatives  of  the  Mississippi  Territory. — 

January  20th.  A.D.  1802— 
Mr.  West  from  the  Committee  appointed  for  that  purpose, 
presented  the  Draft  of  an  address  to  His  Excellency  the  Presi- 
dent of  the  United  States,  which  being  twice  read,  was  unani- 
mously adopted  as  follows. — To  wit. — 

An  address  from  the  House  of  Representatives  of  the  Mis- 
sissippi Territory  to  His  Excellency  Thomas  Jefferson  President 
of  the  United  States. — 

Sir, 

In  the  course  of  a  Long,  Honourable,  and  useful  Life,  your 
Love  for  Mankind  and  their  Rights,  your  Wisdom  to  discern, 
firmness  to  pursue,  and  solicitude  to  promote  the  true  interests 
of  the  American  Nation,  have  been  eminently  conspicuous,  and 
while  such  virtues  and  Talents  have  attracted  our  admiration 
and  Esteem,  they  could  not  fail  to  inspire  a  respect  for,  and  a 
confidence  in  your  Administration. — 

In  superintending  the  affairs  of  United  America,  and  for- 
warding the  welfare  of  your  numerous  constituents,  we  are  fully 
assured  that  this  Territory  will  occupy  a  due  proportion  of  your 
care,  and  on  all  proper  occasions,  will  receive  the  fostering  sup- 
port of  the  General  Government. — 

No  part  of  the  United  States  Sir,  possesses  more  local  ad- 
vantages than  this  District  and  her  advancement  to  prosperity, 
promises  to  be  speedy  and  certain. —  We  acknowledge  with  grati- 
tude, that  under  your  paternal  auspices,  our  prospects  for  politi- 
cal happiness  have  greatly  brightened,  and  we  anticipate  with 
fondest  expectation,  the  arrival  of  a  period,  when  this  Territory, 
mature  in  age,  strong  in  population,  and  rich  in  resources,  will 
add  still  greater  security  &  confidence  to  the  American  Union 
&  we  flatter  ourselves,  that  her  present  &  future  Legislators,  will 
remain  no  less  zealous  &  firm  in  the  support  of  virtuous  Rulers, 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  373 

&  virtuous  measures  than  in  a  Strict  adherence  to  constitutional 
provisions,  &  those  republican  principles,  which  the  Patriots 
of  Seventy  Six,  had  the  goodness  to  conceive,  the  boldness  to 
avow,  and  the  fortitude  to  maintain. — 

WE  PRAY  ALMIGHTY  GOD,  to  prosper  your  administra- 
tion, &  extend  to  a  Life  so  valuable,  the  particular  patronage  of 
HEAVEN.— 

(Signed)  H.  Hunter,  Speaker  of  the  house 

of  Representatives. 
Resolved   that   the   above   address   be   transmitted   by   the 
Speaker,  to  Governor  Claiborne,  who  is  hereby  requested  to  for- 
ward the  same,  to  the  President  of  the  United  States. — 
Extract  from  the  Journal 

E.  L.  Harris,  C.  H.  R.— 


To  James  Madison. 

Natchez  23rd. .  January  1802— 
Sir, 

On  the  Evening  before  last,  the  message  from  the  President, 
to  the  two  Houses  of  Congress,  at  the  opening  of  the  Session, 
reached  this  Town ; —  The  perusal  of  this  interesting  communica- 
tion afforded  me  great  pleasure,  and  I  feel  greatly  solicitous 
for  the  adoption  of  the  measures  recommended. — 

The  state  of  this  Territory,  is  not  such  as  I  could  wish,  nor 
is  the  prospect  for  unanimity  in  Society,  as  flattering  as  I  had 
once  anticipated :  Some  few  domestic  factions,  &  private  parties 
still  exist,  &  to  lay  this  Evil  Spirit,  much  time  will  (I  fear) 
be  required : —  It  is  a  pleasure  however  to  me  to  know,  that  those 
parties  were  created  before  I  came  into  the  Government,  & 
that  I  have  firmness  enough,  to  act  independent  of  any  of  them, 
&  virtue  sufficient,  to  be  just  to  all. — 


374  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

The  Legislature  of  the  Territory  continues  in  Session,  but 
will  probably  adjourn  in  a  few  days; —  with  love  of  Country  & 
honesty  of  intention  this  Body  is  amply  supplied,  but  there  is 
a  deficiency  in  Legislative  information,  &  experience,  which  oc- 
casions much  embarrassment,  &  will  I  fear  be  attended  with  some 
public  injury. 

The  Laws  pas'd  by  the  Governor  &  Judges  under  the  first 
Grade  of  Goverment,  were  greatly  defective,  and  most  of  them 
have  been  repealed ; —  The  Legislature  have  adopted  very  nearly 
an  entire  new  Code  of  Laws,  and  these  also  will  (no  doubt)  be 
found  imperfect,  but  I  felicitate  myself  with  a  hope,  that  when 
put  in  practice,  they  will  conduce  more  to  the  convenience,  & 
protection  of  the  people,  than  those,  they  have  heretofore  been 
accustomed  to. — 

A  Law  to  prohibit  the  importation  into  the  Territory,  of  Male 
Slaves,  above  the  age  of  Sixteen,  past  the  House  of  Representa- 
tives, but  was  rejected  in  the  Council ; —  this  kind  of  population, 
is  becoming  alarming,  and  will  in  all  probability,  (sooner  or 
later)  prove  a  source  of  much  distress : —  The  culture  of  Cotton 
is  so  lucrative,  and  personal  labor  consequently  so  valuable,  that 
common  Negro  Fellows  will  generally  Command  five  hundred 
dollars  per  head,  and  if  such  encouragement  should  long  be  af- 
forded, to  the  sellers  of  Negroes,  this  Territory  must  soon  be 
overrun,  by  the  most  abandoned  of  that  unfortunate  race. — 

I  am  making  exertions  to  organize  the  Militia  of  this  Dis- 
trict;—  but  many  obstacles  present,  the  greatest  of  which  are 
the  want  of  arms  and  the  means  of  obtaining  a  supply. — 

I  am  Sir, 

Your  most  obd.  Servant  — 

William  C.  C.  Claiborne. 

The  Honble. . 

James  Madison 

Secretary  of  State. — 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  375 

To  Bernard  Lintot. 

The  Governor  wrote  the  following  Letter  to  Mr.  Lintot,  upon 
his  resigning  the  office  of  Treasurer  for  the  County  of  Adams. — 

Natchez  28th.  January  1802— 
Sir; 

Your  Resignation  of  the  Office,  of  Treasurer  for  the  County 
of  Adams  is  accepted  and  Mr.  John  Henderson  is  appointed 
your  Successor,  to  whom  you  will  be  pleased  to  deliver  the  ac- 
counts, vouchers  and  other  Documents  relating  to  said  Office. — 
Conscious  of  your  Official  Talents  &  Integrity,  I  regret  the 
loss  of  your  services,  but  the  reason  you  have  assigned  for  re- 
tiring from  public  employment,  is  such,  that  I  can  no  longer  press 
your  continuance. — 

With  a  sincere  wish  for  your 
happiness  in  Life, 
I  am  Sir, 

with  great  respect 

Your  mo :  obt.  hble. .  Servt — 

William  C.  C.  Claiborne 
Mr.  Bernard  Lintot. — 


To  James  Madison,  Secretary  of  State. 

Natchez  February  5th—  1802. 
Sir. 

On  the  29th . .  Ultimo  I  addressed  to  General  Wilkinson,  who 
was  then  in  this  Neighbourhood,  a  Letter,  a  Copy  of  which  to- 
gether with  his  answer,  are  herewith  enclosed  you. — 

I  hope  the  request,  I  have  made  of  the  General,  will  not  be 
deemed  improper ; —  peace  within  &  without  at  present,  prevails 
in  this  Territory,  but  surrounded  as  it  is,  by  numerous  Indian 
Tribes,  and  with  a  population  of  Negroes,  nearly  equal  to  the 


376  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

number  of  Whites,  the  continuance  of  that  Peace,  is  certainly 
precarious,  and  it  seemed  to  me  advisable,  to  have  the  spare  Arms 
at  Fort  Adams,  placed  in  some  situation,  where,  in  the  hour  of 
danger,  the  Militia  could  be  furnished  with  the  means  of  de- 
fence.— 

The  erection  of  this  Arsenal  will  be  attended  with  no  in- 
creased expence,  to  the  United  States ; — the  Houses  will  be  erect- 
ed by  the  men,  and  the  use  of  the  land  upon  which  the  Arsenal 
is  placed,  and  the  necessary  timber  shall  be  procured  gratis. — 

The  Territorial  Legislature  closed  their  Session  on  the  Second 
Instant; —  their  acts  are  not  voluminous,  but  for  the  want  of  a 
good  Printer  at  this  Town,  the  Printing  and  Publishing  them 
will  probably  be  attended  with  great  delay,  trouble  and  expence : 
—  The  People  already  complain,  that  they  are  not  informed  of 
their  Laws ; —  the  fact  is  so,  but  it  is  not  in  my  power  to  remedy 
the  misfortune; —  the  only  Printer  in  this  Territory,  (&  by  the 
by  he  is  a  novice  in  his  profession)  is  employed  upon  high  wages, 
to  print  the  Laws ; —  the  work  is  commenced,  but  from  the  want 
of  Types,  a  good  Press,  &  necessary  assistance,  it  will  not  be  com- 
pleted for  several  months. — 

I  am  surprised  that  some  of  the  Northern  Printers,  do  not 
turn  their  attention  to  this  Territory ; — I  know  of  no  part  of  the 
Union,  where  a  Paper  well  conducted,  would  be  more  lucrative 
to  the  Editor,  or  greater  advantage  to  Society. — 

Mr.  Sargent  arrived  a  few  days  ago,  &  was  friendly  received, 
by  those  Gentlemen,  who  were  most  active  in  his  support,  while 
Governor : —  Mr.  Sargent  has  retired  to  his  farm,  and  I  have  not 
yet  been  informed  of  any  exertions  on  his  part,  to  embarrass  my 
administration.  — A  violent  dispute  has  arisen  between  the  two 
Houses  of  Assembly  and  Mr.  Lewis  the  Chief  Justice  of  this  Ter- 
ritory who  has  many  friends ; —  upon  the  Petition  of  some  Citi- 
zens, the  assembly  authorized  the  taking  of  depositions,  as  to  the 
Official  conduct  of  the  Judge,  with  a  view,  I  suppose  of  exhibiting 
to  Congress  charges  against  the  Judge,  and  to  solicit  his  impeach- 
ment:—  Here  then  is  an  occurrence,  which  has  increased  still 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  377 

more,  the  flame  of  party,  &  rendered  the  restoration  of  entire 
harmony,  to  this  Society,  (for  the  present)  without  the  reach  of 
human  Power. — 

The  Papers  printed  at  Washington,  for  which  I  have  sub- 
scribed, are  so  frequently  lost  or  destroyed  on  the  passage,  by  the 
Mail  to  this  distant  Settlement,  that  you  will  confer  on  me  a 
great  favor,  if  you  would  occasionally  inclose  me  a  paper  which 
should  contain  any  interesting  information. — 
With  great  respect, 

I  am  Sir, 

Your  mo :  obd :  Hble —  Servant 

William  C.  C.  Claiborne 
The  Hble. 

James  Madison 

Secretary  of  State. — 


To  James  Wilkinson. 

Natchez  29th.  January  1802 — 
Dear  General, 

The  exposed  situation  of  this  Territory,  and  the  causes  which 
exist  to  apprehend  danger  from  within  &  without ; —  the  general 
want  of  arms  among  the  Militia,  &  the  feeble  stand,  which  they 
would  be  enabled  to  make  in  the  event  of  Indian  hostilities  or  In- 
surrection among  the  Negroes,  are  facts  which  could  not  have 
escaped  your  notice. —  I  know  indeed  that  the  small  detachment 
of  Federal  Troops  on  command  in  this  quarter,  would  afford 
some  succour,  but  much  slaughter  might  (probably)  ensue  before 
this  force  could  be  brought  to  act  and  it  could  not  give  certain  se- 
curity without  support  from  the  Militia. — 

Finding  the  Territory  thus  situated,  I  am  induced  to  solicit 
you  to  erect  a  small  Block-House,  central  to  the  population  of  the 
District  as  a  place  of  deposit,  for  such  spare  Arms  as  may  now 


378  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

be  lodged  at  Fort  Adams,  subject  to  my  order  &  to  the  use  of  the 
Militia  if  occasion  should  demand. — 

I  do  believe  that  an  establishment  of  this  kind  would  add 
greatly  to  the  safety  of  the  People,  &  I  trust  it  may  be  made 
without  injury  to  the  public  service: —  A  small  Guard  would  only 
be  necessary  &  a  Subaltern's  Command  would  be  amply  sufficient. 
—  You  know  Sir,  that  Fort  Adams  is  some  distance  from  the 
populous  settlements,  and  the  spare  Arms  at  that  place  would  be 
of  little  service  to  the  body  of  the  Militia,  in  the  event  of  a  sud- 
den attack. — 

With  respect  &  Esteem 
I  am  Sir, 

Your  obd.  Hble-  Servant 

William  C.  C.  Claiborne 
General 

James  Wilkinson 


To  Gov.  Claiborne  from  James  Wilkinson. 

Natchez  January  29th.  1802 
I  have  received  your  Letter  of  the  Day,  &  believing  that  noth- 
ing can  be  more  agreeable  to  my  Superiors,  (in  the  disposal  of 
the  Military)  than  the  promotion  of  the  safety,  and  tranquillity 
of  our  Fellow  Citizens,  I  shall  with  pleasure  obey  your  requisi- 
tion, by  the  Establishment  of  a  small  party,  central  to  the  popu- 
lation of  the  Territory,  at  such  point  as  you  may  prefer,  with 
250  or  300  stand  of  Arms,  subject  to  your  Order —  I  never 
thought  otherwise,  than  that  our  Troops  were  intended  for  the 
accommodation  of  the  Civil  authority,  to  be  used  or  employed, 
as  circumstances  should  render  necessary,  &  therefore  my  judg- 
ment maintains  the  propriety,  &  expediency,  of  the  measure 
you  propose —  I  will  however  hope  Sir,  to  prevent  expense  to  the 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  379 

public,  that  ground  &  Timber  may  be  furnished  for  the  neces- 
sary Cabbins  free  of  cost.1 — 

With  sincere  respect  &  Esteem 
I  am  Dear  Sir, 

Your  Obd-  Servant — 

Jas.  Wilkinson 
His  Excellency 

Governor  Claiborne  — 


To  the  Governor  General  of  Louisiana.2 

The  Governor  having  received  information  (upon  Oath)  of 
a  Robbery  having  been  committed  on  the  Mississippi,  addressed 
the  following  Letter  to  the  Governor  General  of  Louisiana. — 

Natchez  February  10th—  1802. — 
Sir, 

From  the  friendly  understanding,  which  happily  exists  be- 
tween the  United  States,  and  his  Catholic  Majesty,  I  take  the 
liberty  to  acquaint  your  Excellency,  with  a  daring  Robbery 
which  has  lately  been  committed  upon  some  Citizens  of  the 
United  States,  who  were  descending  the  River  Mississippi  on 
their  passage  to  this  Town. — 

The  particulars  of  this  transaction,  are  detailed  in  the  papers 
enclosed,  and  to  which,  I  beg  leave  to  refer  your  Excellency; — 
It  is  indeed  uncertain,  whether  the  persons  who  were  concerned 
in  this  act  of  Piracy,  were  Spanish  subjects,  but  it  seems, 
from  the  statements  made,  that  the  offence  was  committed  more 
immediately,  within  the  Jurisdiction  of  Spain.  — 

I  have  (by  Letter)  requested  the  officer  commanding  the 
United  States  Troops,  at  the  lower  Chickasaw-  Bluffs,  to  make 
proper  exertion  to  arrest  those  Pirates  and  Felons,  if  to  be 

1  This  correspondence  led  to  the  establishment  of  Fort  Dearborn  at  the 
town  of  Washington,  six  miles  east  of  Natchez. 
2Manuel  de  Salcedo. 


380  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

found  upon  the  American  soil,  and  I  doubt  not  but  your  Excel- 
lency will  on  this  occasion,  issue  the  necessary  orders  to  your  offi- 
cers on  the  Mississippi  &  Arkensaw  Rivers. — 

The  safety  of  the  Western  Commerce,  is  greatly  interesting 
to  both  the  United  States  and  Spain,  and  if  prompt  and  decisive 
Efforts  should  not  be  made  to  detect,  &  punish  those  recent  of- 
fenders, similar  outrages  upon  the  Mississippi,  will  probably 
ensue,  and  much  injury  may  be  done  to  the  Citizens  of  the  one 
and  Subjects  of  the  other  Nation. — 
I  pray  your  Excellency,  to  be 

assured  of  my  perfect  respect,  & 
consideration — 

William  C.  C.  Claiborne 
His  Excellency 

The  Governor  General  of  Louisiana 
At  New  Orleans. — 


To  Richard  Sparks. 

Natchez  Feby.  lOh.  1802. 
Dear  Sir, 

The  enclosed  extract  from  a  paper  published  in  this  Town, 
will  acquaint  you  of  a  daring  act  of  Piracy  and  Robbery  which 
has  lately  been  committed  on  the  Mississippi,  a  little  below  the 
mouth  of  the  Ausark  River. — 

I  doubt  not,  but  that  you  will  exercise  the  necessary  vigilance, 
and  use  all  the  exertions  in  your  power,  to  detect  the  offenders ; 
—  It  is  possible  they  are  making  up  the  Mississippi  and  may  call 
at  Fort  Pickering,  and  with  a  view  to  a  discovery,  I  enclose  you  a 
list  of  the  Articles  Stolen. — 

The  Citizens  who  navigate  the  Mississippi,  are  frequently 
exposed  to  insult  and  injury,  and  I  pray  you  to  advise  all  who 
may  stop  at  the  Garrison,  to  observe  caution  on  their  passage  & 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  381 

to  be  prepared  at  all  times  to  repel  by  force  any  attack  which 
may  be  made  upon  their  persons  or  Property. — 
With  great  respect  &  Esteem 
I  am  Sir, 

Your  mo :  obd :  Hble —  Servt 

William  C.  C.  Claiborne 
Capt-  Ricd:  Sparks 
Commag.  officer 
at  Fort  Pickering 
on  the  Mississippi 


To  James  Madison. 

Near  Natchez  February  16th—  1802— 
Sir, 

Since  my  arrival  in  this  Territory,  my  Letters  to  you  have 
been  frequent,  and  I  trust  they  have  been  regularly  received, 
but  of  this,  I  have  no  assurance,  as  no  communications  from  the 
Department  of  State,  have  yet  reached  me. — 

An  election  for  members  to  the  Territorial  Legislature,  will 
take  place,  in  July  next,  and  the  People  are  already  greatly  agi- 
tated in  canvassing  the  merits  of  rival  candidates : —  The  oppo- 
sition to  the  present  members  is  warm,  &  will  probably  be  suc- 
cessful ; —  In  this  quarter,  popular  f vaor  is  uncommonly  fluctuat- 
ing;—  the  population  of  the  District,  is  composed  of  a  very 
heterogenous  mass,  and  their  political  principles  &  opinions  are 
as  different  as  the  Customs  &  prejudices  which  prevail  in  the  dif- 
ferent States  or  Nations  from  whence  they  emigrated,  and  from 
this  cause,  (if  no  other  existed)  the  acts  of  each  succeeding 
Legislature,  will  be  deemed  exceptionable.  — 

That  a  decided  Majority  of  the  People  of  this  Territory, 
are  Americans  in  principles  and  attachments,  I  do  verily  believe 
But  (to  my  great  Mortification)  there  are  persons  here,  on  whose 


382  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Judgments  and  hearts,  former  habits  have  made  unfortunate 
Impressions;  favorable  to  Monarchy,  and  inimical  to  every  Gov- 
ernment that  recognizes  the  Rights  of  Man. — 

Several  families  from  Kentucky,  Tennessee  and  this  Terri- 
tory, have  lately  emigrated  to  the  Province  of  Louisiana,  (and  it 
is  feared  that  this  example  may  be  followed  by  others ; — 

The  facility  with  which  lands  may  be  acquired  under  the 
Spanish  authority,  and  the  prevalence  of  an  opinion  that  the  sub- 
jects of  Spain  are  exempt  from  taxation,  are  probably  the  prin- 
cipal Inducements  to  this  abandonment  of  their  Country. — 
With  respect  — 

I  am  Sir, 

your  hble —  Servt — 

William  C.  C.  Claiborne 
The  Honble— 

James  Madison — 

Secretary  of  State — 


Petition  to  Gov.  Claiborne  for  pardon  of  George  Rapalge. 

February  20th—  1802. 

On  this  day,  a  petition  signed  by  a  number  of  the  Citizens  of 
the  Territory,  was  presented  to  the  Governor,  praying  that  a 
pardon  might  be  granted  to  George  Rapalge,  heretofore  convicted 
of  manslaughter,  in  the  Supreme  Court,  &  who  after  conviction, 
was  bound  in  recognizance  to  appear  in  Court  from  day  to  day, 
until  the  sentence  of  the  law  against  him  was  announced,  but 
which  he  had  failed  to  do.  — 

The  Governor  observed  to  the  Bearer  of  the  petition,  that 
Rapalge,  was  a  fugitive  from  Justice;  had  bid  defiance  to  the 
Law,  &  was  consequently  an  unfit  object  of  mercy  that  no  ap- 
plications in  his  favour  could  be  considered  until  he  had  surren- 
dered himself  into  Custody.  — 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  383 

To  James  Ferrall, 

The  Governor  wrote  the  following  Letter  to  the  Public 
Printer.1 — 

Near  Natchez  February  23rd—  1802— 
Sir, 

It  is  not  in  your  power,  to  render  me  a  greater  favor,  than  by 
publishing  with  all  possiblr  dispatch,  the  Laws  passed  at  the  late 
Session  of  the  Legislature. — 

It  is  the  duty  of  the  Secretary  for  the  Territory,  to  keep  you 
regularly  supplied  with  attested  copies  of  the  acts,  &  to  exam- 
ine from  time  to  time,  the  proof  sheets,  &  which  duty,  I  am  well 
assured,  will  be  faithfully  discharged. — 

If  there  is  any  thing  in  my  power  to  do,  which  will  assist 
you,  in  the  prosecution  of  the  work,  you  will  be  pleased  to  men- 
tion it; —  the  People  ought  certainly,  at  an  early  period,  to  be 
made  acquainted  with  the  Laws,  by  which  they  are  bound,  and  no 
one  can  regret  more  sincerely  than  myself,  the  delay  which  neces- 
sarily attends  their  Publication. — 

I  am  Sir,  with  respect, 

your  Hble —  Servt — 

William  C.  C.  Claiborne 

James  Ferrall  Esqr — 

Printer  for  the  Territorial  Legislature. 


To  Henry  Hunter. 

Near  Natchez  February  24th —  1802 — 
Sir, 

I  have  received  a  Letter,  Signed  by  a  number  of  the  Citizens 
of  Pinckneyville,  and  its  vicinity,  in  which  they  have  tendered 
their  services  as  a  Volunteer  Company  of  Infantry,  accompanied 

1  First  mention  of  a  public  printer,  although  Andrew  Marschalk  printed 
the  Sargent  laws. 


384  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

with  a  wish,  that  certain  Gentlemen,  (who  are  named)  may  be 
appointed  to  command  them. — 

The  Militia  Law  of  the  Territory,  does  not  admit  of  any  vol- 
unteer Corps,  except  one  Company  of  Artillery  in  the  Town  of 
Natchez,  and  a  Troop  of  Horse,  in  each  County : —  The  meeting 
therefore  of  my  fellow  Citizens  at  Pinckneyville  has  been  prema- 
ture, and  it  is  not  in  my  power  at  this  time,  to  forward  their 
Wishes. — 

I  greatly  admire  the  motive,  which  gave  rise  to  the  Pinckney- 
ville association; —  It  is  an  honourable  and  Laudable  Spirit, 
which  I  shall  cherish  with  the  most  anxious  care. — 

A  well  regulated  Militia,  is  certainly  essential  to  the  safety 
of  the  Territory ; —  But  so  desirable  an  object  cannot  be  effected, 
without  a  zealous  and  firm  co-operation,  on  the  part  of  the 
People. — 

With  a  view  to  conciliation,  &  to  insure  a  prompt  and  cheer- 
ful attention  to  Military  duty,  I  have  determined  to  request  the 
different  Militia  Companies,  to  nominate  (by  Election)  such 
characters  as  they  would  wish  me  to  Commission  as  Captains, 
Lieutenants,  and  Ensigns,  and  the  probability  is,  that  on  these 
occasions,  I  shall  uniformly  (unless  some  very  cogent  Reason  for- 
bids) comply  with  the  wishes  of  the  People. — 

The  Law  makes  it  the  duty  of  the  field  Officers,  in  the  dif- 
ferent Counties,  to  lay  out  the  bounds  of  Company  Districts, 
&  until  this  duty  is  performed,  no  Election  for  the  nomination 
of  Officers  in  the  Infantry,  will  be  regular. — 

I  did  on  yesterday,  appoint  &  Commission  John  Ellis,  Colonel 
&  Richard  Butler,  Major  of  the  Wilkinson  Militia,  &  they  shall 
receive  orders  to  proceed  (without  delay)  to  prescribe  the  bounds 
of  Company  Districts,  in  Wilkinson  County,  and  to  fix  a  time 
&  place  for  the  Citizens  within  the  Limits  of  each  Company,  to 
meet  &  nominate  their  Officers. — 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  385 

Will  you  inform  the  Citizens  of  Pinckneyville  &  its  vicinity, 
that  I  hold  them,  in  high  estimation,  &  shall  take  much  pleas- 
ure, in  promoting  their  happiness  &  welfare. — 

I  am  &c — 
(Signed)  William  C.  C.  Claiborne 
Colo.  Henry  Hunter — 


Governor's  Address  to  the  Freemen  of  the  Territory. 

An  Address  from  the  Governor  and  Commander  in  Chief  of 
the  Mississippi  Territory  to  the  Freemen  thereof. — 

Fellow  Citizens, 

I  solicit  your  attention  to  a  subject  inseparably  connected 
with  your  most  precious  Interests. —  In  your  patriotism  and 
virtue,  I  fully  confide,  and  I  expect  from  you,  a  cheerful,  firm, 
and  zealous  co-operation  in  the  execution  of  a  measure  which 
is  deemed  essential  to  the  welfare  of  the  Territory,  and  the  pro- 
tection of  the  dearest  rights  of  Man. — 

The  experience  of  ages,  and  of  our  own  times,  confirms  the 
important  truth,  that  the  Yeomanry  of  a  Country,  should  con- 
stitute its  chief  defence,  against  internal  commotion,  external 
violence,  and  that  where  this  Sentiment  is  not  fostered,  Liberty 
must  soon  cease  to  dwell. 

The  Genius  of  United  America  has  ever  been  averse  to  stand- 
ing Armies,  and  the  Wisdom  of  her  Government,  will  not  main- 
tain a  greater  regular  force  than  is  sufficient  to  Garrison  a  few 
frontier  Posts,  and  the  most  exposed  of  our  Sea-port  Towns; — 
For  National  security,  the  great  Body  of  the  Militia  are  con- 
fidently relied  upon; —  but  to  give  effect  (on  our  part)  to  this 
palladium  of  our  Country's  honor  and  safety,  we  must  organize, 
arm  &  discipline  those,  who  are  liable  to  Militia  duty,  &  for  this 
purpose  fellow  Citizens,  I  claim  your  combined  efforts,  to  carry 

25  ^rss-'  -y 


386  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

into  strict  execution,  a  Law  recently  passed  by  the  Territorial 
Legislature  for  the  occasion. — 

Why  should  freemen  consign  to  others,  the  protection  of  their 
Wives,  their  children,  and  their  Country?  With  whom  could 
trusts  so  sacred,  be  as  safely  deposited? — 

A  band  of  Citizen-Soldiers  accustomed  to  the  use  of  Arms, 
and  trained  in  the  principles  of  discepline,  may  combat  with 
success  a  Veteran  Army,  long  dedicated  to  war : —  An  old  Corps 
indeed,  might  excel  in  patience  and  mechanical  concert  but  the 
Citizen-Band  animated  by  a  love  of  their  Country,  and  the  recol- 
lection of  their  families,  would  be  inspired  with  an  enthusiastic 
ardour,  which  no  danger  can  appal,  &  no  barrier  resist;  — and 
Bunker's  Hill  &  Gemappe  afford  ample  testimony  of  the  fact. 

Although  the  great  blessing  of  Peace,  at  present  pervades 
our  Land,  yet  in  the  progress  of  events,  we  know  not  how  soon 
this  tranquillity  may  be  disturbed,  and  a  wise  people  ought  at 
all  times  be  prepared,  to  assume  "such  an  attitude  in  arms,  as 
would  forbid  the  Idea  of  invasion  or  usurpation." — 

If  we  take  an  attentive  view  of  our  particular  local  situation, 
we  shall  find  our  infant  society  far  removed  from  the  limits  of 
seasonable  succour,  from  our  Mother  States,  and  exposed  on  all 
sides  to  perilous  casualties. —  Thus  circumstanced  every  Eye 
must  see,  and  every  Breast  must  feel,  the  propriety,  of  establish- 
ing and  acquiring  the  means  of  security  &  defence.  The  subject 
embraces  every  Man's  Interest,  and  should  unite  every  Hand 
&  every  Heart. — 

For  myself  fellow  Citizens  I  promise  you  that  nothing  shall 
be  wanting  which  zeal  and  assiduity  may  compass,  and  whenever 
the  Public  good  should  require  our  services,  it  shall  be  my  pride 
and  my  glory,  to  participate  in  all  your  toils,  and  all  your  dan- 
gers.— 

William  C.  C.  Claiborne 

Near  Natchez  March  1st.  1802.- 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  387 

March  2nd—  1802. 

On  this  day  the  Governor  assisted  by  the  Treasurer  General, 
examined  the  accounts  of  Bernard  Lintot  Esquire  late  Treas- 
urer for  the  County  of  Adams  &  found  the  same  to  have  been 
regularly  kept,  &  the  monies  received  justly  accounted  for. — 


To  Lyman  Harding. 

The  Governor  wrote  the  following  Letter  to  Mr.  Harding 
late  Attorney  General  for  the  Territory. — 

Near  Natchez  March  3rd.  1802. 
Sir, 

If  Mr.  Farrar,  Mr.  Conner  or  any  other  Persons  have  paid 
to  you  money  on  account  of  fines  or  forfeitures,  you  will  be 
pleased  to  pay  the  amount  to  the  Clerk  of  the  Court  where  the 
forfeiture  was  incurred  or  the  fine  imposed  &  by  the  Clerk, 
the  money  will  be  paid  over  to  the  Treasurer  General. — This  is  the 
only  legal  mode  of  proceeding  &  I  am  persuaded  you  will  con- 
form thereto ; —  Your  claims  against  the  Territory  shall  be  duly 
examined,  &  so  far  as  may  depend  upon  my  agency,  Strict 
justice  shall  be  observed  in  the  settlement  thereof; —  I  shall 
have  no  objection  to  assist  the  Treasurer  in  the  examination  of 
your  accounts  on  Saturday  next,  provided  the  proper  payment, 
shall  previously  have  been  made-  to  the  Clerk. — 

I  am  &c 

William  C.  C.  Claiborne 

L.  Harding  Esquire — 


To  James  Madison. 

Near  Natchez  March  6th—  1802 
Sir, 

In  my  Letter  of  the  5th  Ultimo,  I  advised  you  of  a  request 
which  I  had  made  of  General  Wilkinson  "to  erect  a  Block- 


388  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

House,  at  some  situation,  central  to  the  population  of  the 
Territory,  as  a  place  of  Deposit  for  the  spare  arms  at  Fort 
Adams". — 

I  still  think,  that  an  establishment  of  this  kind,  will  add 
greatly  to  the  security  of  the  District  &  I  flatter  myself,  it  will 
receive  the  approbation  of  the  President. — 

The  organization  of  the  Militia  at  present  occupies  much  of 
my  attention ; —  I  find  it  an  unpleasant  &  difficult  undertaking — 
But  I  hope,  I  shall  at  least  be  (partially)  successful. — 

The  approach  of  the  Election  of  Members  of  the  Territorial 
Legislature,  has  greatly  increased  the  flame  of  Party,  and  the 
quietude  of  this  little  Society,  is  disturbed  by  party  divisions, 
infinitely  more  rancorous  than  any  I  have  ever  witnessed  in  our 
Mother  States ; —  "This  Tempest  of  popular  Passions"  will  prob- 
ably rage  with  unabated  fury,  until  the  Elections  are  over,  which 
will  take  place  on  the  fourth  Monday  of  July  next,  and  then  I 
hope  for  the  return  of  a  calm  &  happy  political  hemisphere. — 

The  Laws  passed  at  the  late  Session  of  the  Legislature,  are 
yet  in  the  press,  as  soon  as  they  are  printed,  a  copy  shall  be  trans- 
mitted to  you. — 

Colo:  Steele  the  Secretary  for  this  Territory  has  recovered 
his  health. — 

With  the  greatest  respect 
&  Esteem 
I  am  Sir, 

your  mo:  obt:  Hum:  Sert: 

William  C.  C.  Claiborne 
The  Honourable 

The  Secretary  of  State 

for  the  United  States 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  389 

Passport  to  John  Duhamel. 

On  the  9th  of  March,  the  Governor  issued  a  Passport  to  Mr. 
John  Duhamel  a  Citizen  of  the  Territory,  in  the  words  follow- 
ing:— 

By  William  C.  CwClaiborne,  Governor  and  Commander  in 
Chief  of  the  Mississippi  Territory  of  the  United  States. — 

These  are  to  request  all  States,  Potentates  &  others,  whom 
it  may  concern,  to  let  Mr.  John  Duhamel  a  Citizen  of  the  Terri- 
tory aforesaid,  going  by  Sea  to  Philadelphia,  pass  safely  & 
freely  without  giving  or  permiting  to  be  given  to  him,  any  hin- 
drance, but  on  the  contrary,  affording  to  him,  all  aid  and  pro- 
tection, as  we  would  do  in  like  case  for  those,  who  might  be 
recommended  to  us. — 

In  testimony  whereof,  I  have  delivered  to  him,  this  Passport, 
signed  by  my  own  hand,  with  the  seal  of  the  Territory  annexed, 
&  dated  near  Natchez,  on  the  9th.  of  March  A.D.  1802,  &  in  the 
26th.  year  of  American  Independence. — 

William  C.  C.  Claiborne 
Seal  By  the  Governor 

(Signed  John  Steele  Secretary. 


To  Gov.  Claiborne  from  Gov.  B.  Williams  of  North  Carolina. 

On  the  6th.  of  March,  the  Governor  received  the  following 
Letter  from  his  Excellency  B.  Williams,  Governor  &c  of  the 
State  of  North  Carolina. — 

State  of  North  Carolina 
Raleigh  January  14th.  1802 
Sir, 

In  compliance  with  a  resolution  of  our  General  Assembly, 
passed  at  its  late  Session,  an  authenticated  Copy  of  which,  I 
do  myself  the  honour  to  here  enclose  you,  as  well  as  the  Copy 


390  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

of  a  Bill  of  Indictment  found  by  the  Grand  Jury  for  the  District 
of  Hillsborough  at  April  Term  1798  against  a  certain  Stockley 
Donelson  &  William  Tyrrel  charged  with  conspiracy,  combina- 
tion and  confederacy  against  this  State. — This  Bill  of  Indictment 
has  been  prepared  by  our  Clerk  of  the  Superior  Court  for  the 
District  of  Hillsborough  is  signed  by  him  &  accompanied  by  such 
solemn  and  usual  Forms  as  shews  its  authenticity; —  the  said 
Stockley  Donelson  &  William  Tyrrell  having  fled  from  this  State 
as  it  would  appear  with  intention  to  elude  the  Justice  thereof 
and  as  I  am  informed  are  one  or  both  residing  within  the  limits 
of  the  Territory  over  which  you  preside: —  Pursuant  therefore 
to  an  act  of  the  United  States  Intituled  "An  Act  respecting  Fugi- 
tives from  Justice  &  persons  escaping  from  the  service  of  their 
Masters"  approved  February  12 —  1793.  and  in  compliance  with 
the  resolution  aforesaid,  grounded  on  the  before  mentioned  Bill 
of  Indictment,  I  have  to  request  that  you  will  be  pleased  to  cause 
the  said  Stockley  Donelson  and  William  Tyrrell  to  be  arrested 
&  imprisoned ;  &  that  you  will  further  have  the  goodness  to  favor 
me  with  the  earliest  advice  thereof  for  the  purpose  of  taking 
the  necessary  measures  to  remove  them  to  this  State  for  trial. — 
With  respect  &  consideration 
I  have  the  honour  to  be  your 
Excellency's  Most  Obt- 
His  Excellency  (Signed)  B.  Williams 

William  C.  C.  Claiborne. 


To  Hon.  B.  Williams,  Governor  of  North  Carolina. 

Mississippi  Territory  Near  Natchez.  March  11th.  1802 — 
Sir, 

I  have  the  honour  to  acknowledge  the  Receipt  of  your  com- 
munication of  the  14th-  of  January  last,  together  with  the  docu- 
ments referred  to. — 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  391 

It  is  not  probable  that  either  of  the  fugitives  from  Justice 
whom  your  Excellency  requests  may  be  arrested  are  within  the 
Limits  of  the  Mississippi  Territory. — 

Upon  enquiry,  I  cannot  learn,  that  Stockley  Donelson  was 
ever  in  this  Territory: — William  Tyrrell  was  at  Natchez  about 
two  years  ago,  &  from  thence  (it  is  said)  he  emigrated  to  Pensa- 
cola,  within  the  Spanish  Dominions. — 

Your  Excellency  however  may  be  assured  that  if  either  or 
both  of  those  Men,  shall  be  found  within  the  Limits  of  the  Mis- 
sissippi Territory,  I  will  cause  him  or  them,  to  be  arrested  and 
imprisoned  &  will  embrace  the  earliest  opportunity,  to  give  you 
information  thereof. — 

With  the  most  respectful  consideration, 
I  have  the  honor  to  be 
your  Excellency's 

Most  obt.  Humble :  Servt. 
His  Excellency  William  C.  C.  Claiborne 

B.  Williams 


To  John  Henderson. 

Near  Natchez,  March  18,  1802. 
Sir, 

Israel  Waters  a  black  man  states  to  me  that  on  his  arrival 
in  Adams  County,  he  had  a  certificate  or  Evidence,  of  his  free- 
dom recorded,  in  the  Recorder's  Office,  and  that  having  lost  the 
original,  &  being  about  to  depart  from  the  Territory,  he  wishes 
an  attested  Copy  from  the  Record. —  The  New  Law  having 
assigned  the  Duties  of  the  Recorder  to  the  Clerk  of  the  County 
Court,  Mr.  Walker  would  be  the  proper  person,  to  give  Israel 
Waters,  the  Instrument  of  writing  which  he  wants,  and  for  this 
purpose,  I  wish  you  to  furnish  Mr.  Walker  with  the  Book,  in 
which  the  evidence  of  this  man's  freedom  is  recorded. — 


392  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Perhaps  it  will  be  most  regular  to  surrender  to  the  County 
Court,  at  its  first  meeting,  all  the  Books  &  Papers  of  the  Re- 
corder's Office,  but  there  can  be  no  impropriety,  in  placing  tem- 
porarily in  Mr.  Walker's  possession  any  papers  of  which  attested 
Copies  may  be  desired. — 
With  respect  &c 

I  am  &c  &c 
Mr.  John  Henderson  William  C.  C.  Claiborne 

Late  Recorder  for  the 

County  of  Adams 


To  Peter  Walker, 


The  Governor  wrote  the  following  Letter  to  Peter  Walke* 
Esquire,  Clerk  of  the  County  Court  for  the  County  of  Adams. — 

Near  Natchez  March  18th—  1802— 
Sir, 

Israel  Waters  a  black  man,  wishes  an  attested  Copy,  of  a 
"Certificate  or  Evidence  of  his  freedom"  which  he  says  was  re- 
corded in  the  late  Recorder's  Office  for  Adams  County. — 

The  Duty  of  Recorder  for  Adams  County  is  now  assigned  to 
you,  by  Law,  and  of  course,  you  alone,  can  give  Waters  the  In- 
strument of  Writing,  which  he  solicits. — 

I  have  requested  Mr.  Henderson,  to  furnish  you,  with  the 
necessary  Record,  &  I  presume  he  will  do  so  upon  application. — 
With  respect  &c 

I  am  &c 
(Signed)       William  C.  C.  Claiborne 
P.S.    I  suppose  it  would  be  most  proper  for  Mr.  Henderson, 
to  make  a  general  surrender  of  the  Books  and  Papers  of  his  late 
Office,  to  Adams  County  Court,  at  its  first  meeting,  but  in  the 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  393 

meantime  Mr.  Henderson  will  no  doubt  place  temporarily  in  your 
possession  any  papers,  of  which  Copies  may  be  required. — 

w.  c.  c.  a— 

Peter  Walker  Esquire 

Clerk  of  the  County  Court  for 
Adams  County. — 


To  John  McKee. 


The  Governor  wrote  the  following  Letter  to  Colo:  John 
McKee  agent  for  the  United  States  in  the  Chactaw  Nation.— 

M.  T.  Near  Natchez  March  28th—  1802— 
Sir, 

On  the  night  of  the  14th-  Instant  a  Negro  Man  the  property 
of  Mr.  George  Fitzgerald  of  this  Territory,  was  murdered  by 
some  unknown  Person.  — 

All  the  Circumstances  attending  this  transaction  which  have 
been  brought  to  light,  you  will  find  detailed  in  the  enclosed  Letter 
from  Mr.  Fitzgerald  to  the  Attorney  General. — 

It  seems  that  suspicion  attaches  to  some  Indians  of  the  Chac- 
taw Tribe,  and  with  a  view  to  a  discovery,  the  clothes  of  the 
deceased  Negro,  which  was  supposed  to  have  been  taken  away 
by  the  assassin,  is  particularly  described: —  I  must  solicit  you 
to  make  some  enquiries  in  the  Nation,  relative  to  this  affair,  and 
to  acquaint  me  with  the  result. —  The  Indian  visits  to  this  Dis- 
trict are  frequent  and  oppressive; —  they  are  encamped  by 
dozens,  in  every  Neighborhood  &  support  themselves  principally 
by  depredations  upon  the  Cattle  Hogs  &c  &c  of  the  Citizens; — 
I  am  convinced  that  the  Chactaw  Nation,  must  disapprove  of 
such  conduct  on  the  part  of  any  of  their  People,  &  it  is  my  in- 


394  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

tention  by  the  next  Mail,  to  forward  to  you  an  address  to  the 
Chiefs  upon  this  subject. — 

With  respect  &  Esteem 
I  am  Sir, 

your  Huble —  Servt- 
( Signed)     William  C.  C.  Claiborne 
Colo:  John  McKee 


To  Gov.  Claiborne  from  Gov.  De  Salcedo  of  Louisiana. 

Copy  of  a  Letter  from  the  Governor  General  of  the  Province 
of  Louisiana  to  the  Governor  of  the  Mississippi  Territory. 

New  Orleans,  February  28th—  1802— 
Sir, 

I  have  perused  with  the  most  lively  sentiments  your  Letter 
of  the  10th. .  ultimo  which  I  immediately  caused  to  be  trans- 
lated, as  also  the  Documents  contained  therein,  in  order  to  take 
the  most  effective  means  of  ascertaining  the  enormity  complained 
of  and  for  the  discovery  of  the  Criminals 

It  is  truly  impossible  to  determine,  whether  the  delinquents 
are  Spaniards  or  Americans; —  I  see  no  reason  why  it  ought 
to  be  more  particularly  charged  to  my  Nation,  because  the  Crime 
appears  to  have  been  committed  near  to  a  Spanish  River, — 
those  places  are  uninhabited,  and  for  six  or  seven  Spanish  boats 
which  go  up  to  the  settlements  of  the  Illinois,  there  passes  two 
hundred  American  Flats  &  Barges,  which  come  from  the  States 
&  Western  Settlements ;  as  they  have  the  freedom  and  use  of  the 
Navigation  of  the  Mississippi; —  Vagabonds  without  number 
introduce  themselves  by  that  means,  who  have  fled  from,  or  who 
do  not,  or  cannot  return  to  the  United  States. — 

It  is  impossible  for  me  to  do  anything  with  this  class  of 
People  without  giving  room  for  complaints,  or  my  motives  being 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  395 

wrongly  interpreted,  because  it  is  not  the  custom  of  the  Amer- 
ican Governments  to  give  passports,  as  in  Spain,  when  People 
travel  from  one  place  to  another —  only  when  the  Flats  arrive 
here  the  Patrons,  owners  and  passengers  present  themselves;  & 
even  in  that  case,  not  without  dificulty,  as  it  were  by  force. — 

Contrary  to  the  strictest  orders  given  throughout  this  prov- 
ince, many  introduce  themselves,  to  whom  an  asylum  is  given, 
either  through  humanity  or  Interest,  &  many  go  wandering 
through  the  woods  until  they  penetrate  to  the  Nation,  where  they 
remain  to  the  great  prejudice  of  both  Governments. — 

I  have  entered  into  this  detail,  because  I  have  recently  re- 
ceived Dispatchs  from  the  Arkansaws,  in  which  no  mention  is 
made  of  this  affair,  and  I  am  certain  that  if  any  one  of  that 
District  had  been  concerned  in  this  piracy,  they  would  have  been 
discovered. —  But  it  being  for  the  General  Interest  that  those 
Malefactors  be  discovered  and  punished,  from  which  will  result 
the  greatest  benefit  as  well  to  vassals  of  His  Majesty,  as  to  the 
Citizens  of  the  United  States; —  I  have  given  the  most  positive 
orders  to  the  commanding  Officer  who  is  going  up  to  that  Post, 
to  take  the  efficacious  means  of  Discovering  and  apprehending 
the  criminal  or  criminals,  that  can  be  adopted;  &  further  to  fix 
a  small  Garrison  at  the  entry  of  the  River  St.  Francis,  for  the 
Guard  and  protection  of  such  as  navigate  in  those  parts: —  & 
I  do  assure  your  Excellency  that  if  they  are  taken,  they  will  be 
punished  in  such  a  manner  as  to  serve  as  an  example  to  others. — 
I  desire  that  your  Excellency  will  furnish  me  with  the  means 
of  manifesting  to  you  my  readiness  to  do  whatever  may  be  for 
your  satisfaction,  and  I  pray  to  God  to  Guard  your  Life  many 
years. — 

Your  Excellency's  &c 

(Signed)  Manuel  De  Salceao. — 


396  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

THE  ANSWER. 

Mississippi  Territory  Near 

Natchez  March  29th  1802- 
Sir, 

Your  Letter  of  the  28th —  Ultimo,  in  answer  to  my  communi- 
cation of  the  10th —  of  February  last,  was  received  a  few  days 
ago;  and  has  been  read  with  the  most  respectful  attention. —  I 
accord  with  you  in  opinion,  "that  it  is  impossible  to  determine", 
by  what  People,  the  late  Robbery  on  the  Mississippi  was  com- 
mitted, and  in  my  Letter  of  the  10th —  of  February  last,  it  was 
my  intention,  to  have  been  sufficiently  explicit  on  this  point :  — 
for  so  far  from  implicating  more  "particularly  your  Nation;"  I 
did  then  admit  "  That  it  was  indeed  uncertain  whether  the  Per- 
sons concerned  in  this  act  of  Piracy  &  Robbery,  were  Spanish 
Subjects." — 

I  regret  that  the  conduct  of  the  Citizens  of  the  United  States, 
who  trade  to  New  Orleans,  should  prove  a  source  of  any  Incon- 
venience or  trouble,  &  I  can  assure  your  Excellency,  that  it  is 
very  much  the  wish  of  the  American  Government,  that  her  Cit- 
izens should  respect  the  Laws  and  Regulations  of  your  Pro- 
vince.— 

The  existing  Treaty  between  the  United  States,  &  his  Cath- 
olic Majesty,  is  considered  as  a  sufficient  Passport  for  our  Cit- 
izens to  descend  the  Mississippi,  &  that  some  disorderly  Men  may 
(through  this  means)  introduce  themselves  into  the  Spanish 
Dominions,  is  highly  probable,  for  my  Country  (unfortunate  in 
this  respect;  with  the  other  Nations  of  the  Earth)  is  not  ex- 
empted from  her  degenerate  characters. — 

The  great  extent  of  uninhabited  Territory  on  the  Mississippi, 
is  well  calculated  for  an  asylum,  to  Robbers  and  Pirates,  and  I 
am  certain  that  the  Garrison  your  Excellency  has  directed  to  be 
established  at  the  mouth  of  the  River  St.  Francis,  will  extend 
great  protection,  as  well  to  the  subjects  of  his  Catholic  Majesty, 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  397 

as  to  the  Citizens  of  the  United  States,  who  may  navigate  in 
those  Parts. — 

I  tender  to  your  Excellency  assurances  of  my 
Regard  &  respectful  consideration 

(Signed)   William  C.  C.  Claiborne 
His  Excellency 

Manuel  De  Salcedo — 

Governor  General  of  Louisiana — 


April  1st.  1802.— 
During  the  last  three  months,  the  Governor  made  the  follow- 
ing appointments. —  Viz. 

ABNER  GREEN,  Treasurer  General  for  the  Territory. 


For  Adams  County — 

William  Dunbar, \ (declined) 

William  Vousdan, 
Samuel  Brooks, 

Bernard  Lintot,   ( (declined) 

Abram  Ellis,  >  Justices  of  the  Peace 

James  Farrell,  !  & 

Adam  Tooley,  \  Justices  of  the  County 

Caleb  King,  and  I  Court. — 

George  Fitzgerald,         / 

David  Ker,  Sheriff  for  the  County. — 

Peter  Walker,  Clerk  of  the  County  Court. 

John  Henderson,  Treasurer  of  the  County. 

Robert  Stark,  Clerk  of  Adams  District  Court. 

Abner  L.  Duncan,  Attorney  General  for  Adams  District. 

Archibald  Lewis,  Clerk  &  Master  in  Equity  for  Adams  Dis- 
trict. 


398  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

For  Jefferson  County. — 

Cato  West,  j 

Thomas  Calvit,  /  Justices  of  the 

Jacob  Stampley,  I  Peace  &  Justices 

Henry  Green,  /  of  the  County 

Zechariah  Kirkland,  Y  Courts. — 

John  Hopkins,  J 

John  Girault,  Clerk  of  the  County  Court. — 
Daniel  James,  Clerk  of  Jefferson  District  Court. — 
Felix  Hughes,  Clerk  &  Master  in  Equity  for  Jefferson  Dis- 
trict.- 


For  Washington  County .- 

John  Callier,  (Caller) 

John  Johnson, 

James  Fair, 

Joseph  Thompson,         I  Justices  of  the  Peace 

John  McGrew,  /  and  Justices  of  County 

Thomas  Bassett, 

John  Brewer, 

John  Henson, 


Richard  Lee,  Clerk  of  the  County  Court. — 


For  Claiborne  County. 

William  Downs,  J 

G.  W.  Humphreys,  /  Justices  of  the 

James  Stansfield,  I  Peace,  and 

Ebenezer  Smith,  [  Justices  of  the  County 

Daniel  Burnett,  \  Court.— 

James  Harman,  1 

Samuel  Coburn,  Sheriff. 

Mathew  Tierney,  Clerk  of  the  County  Court. — 

Samuel  Gibson,  Coroner. — 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  399 

For  Wilkinson  County.  — 

John  Ellis, 

Hugh  Davis,  /  Justices  of  the  Peace 

John  Collins,  I  and  justiCes  of 

Richard  Butler,  (  the  County  Courts._ 

William  Ogden, 

Thomas  Dawson, 

Henry  Hunter,  Sheriff. — 

Samuel  Lightner,  Clerk  of  the  County  Court. — 


For  Adams  County. 

MILITIA  OFFICERS,   1st.   Regiment.— 
Benajah  Osmun,  Lieutenant  Colo:  Commandant. 

Infantry. 

Abram  Ellis,  j  Majors  — 

Richard  King,  J 


For  Jefferson  County. — 

MILITIA    OFFICERS,    2nd.  Regiment.— 

Zechariah  Kirkland,  &  ] 

William  Thomas  Majors.— 


For  Washington  County. 

MILITIA   OFFICERS,   3rd.  Regiment.— 

John  Callier,  (Caller)   | 

Nathaniel  Christmas,    J  Majors— 


400  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

For  Claiborne  County. 

MILITIA   OFFICERS,   4th.   Regiment.— 
Daniel  Burnet,  Lieutenant  Colo:  Commandant- 
William  Neely,  Major. — 


For  Wilkinson  County. — 

MILITIA  OFFICERS,  5th.  Regiment.— 

John  Ellis,  Lieutenant  Colonel,  Commandant — 

Richard  Butler,  Major. — 


ARTILLERY  in  NATCHEZ. 

Samuel  Postlethwait,  Captain. — 

Joseph  A.  Parrott,  1st  Lieutenant. — 

Joseph  Newman,  2  Lieutenant. — 

J.  E.  Trask,  Brigade  Major  and  Inspector. — 


Talk  to  Indians. 


April  2nd.  1802 
The  Governor  having  received  Information  of  several  of- 
fences, which  had  lately  been  committed;  by  some  of  the  strag- 
gling Indians  which  were  at  large  in  this  Territory,  delivered  to 
several  of  them,  who  had  collected  at  Government  House  in  Nat- 
chez, the  following  talk.  — 

BROTHERS, 

The  American  Nation  and  the  Choctaw  Tribe  of  Indians 
have  long  lived  in  Peace,  and  I  hope  that  our  friendship  will 
continue,  as  long  as  the  Mountains  stand,  or  the  Waters  Run. — 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  401 

I  consider  you  as  my  children,  and  must  talk  to  you  with  the 
freedom  of  a  Father. — I  wish  it  were  in  my  power,  to  say  that 
your  conduct  was  pleasing  to  me,  but  the  truth  is,  that  unless 
you  act  better  for  the  future,  you  will  lose  my  good  Esteem. — 

If  your  Nation  had  sent  you  to  this  Territory,  it  was  your 
duty  to  call  upon  me,  make  known  your  Business,  receive  an 
answer,  &  return  Home; —  but  I  well  know,  that  neither  your 
Chiefs  nor  People  sent  you,  to  our  Settlements; —  You  have 
come  of  your  own  free  will,  &  for  nothing  else,  but  to  drink 
Whiskey,  &  to  spend  your  time  in  Idleness. — 

It  is  my  way  to  speak  straight; —  listen  then  to  what  I  say, 
&  hold  fast  my  talk. —  The  White  People  have  made  to  me  of 
late,  many  complaints;-  several  Men  in  the  Country  have  had 
their  Cattle  &  Hogs  killed;  one  man  in  Town,  has  had  four 
Barrels  of  Flour,  taken  from  his  Door  in  the  Night,  and  an- 
other, has  lost  out  of  his  House  a  deal  of  Meat,  and  to  tell  you 
the  truth,  all  those  bad  acts  are  charged  upon  some  of  the  In- 
dians.— 

BROTHERS, 

I  hope  none  of  you  present  are  guilty  of  these  Acts;  if  you 
are  Men  &  Warriors,  I  know  you  would  not  take  any  thing 
that  was  not  your  own,  but  I  must  tell  you,  that  if  any  thing 
should  be  missing  in  this  Town  or  Country  hereafter,  I  will  have 
your  Camps  searched,  and  if  I  should  discover  that  any  of  you 
have  acted  improperly,  you  shall  be  punished  according  to  the 
White  People's  Laws. — 

BROTHERS, 

I  am  going  now  to  give  you  some  good  advice;  quit  drink- 
ing Whiskey,  for  it  will  make  you  Fools  &  Old  Women ; —  return 
to  your  own  Land  &  make  bread  for  your  families; —  The  time 
of  year  is  come,  when  corn  &  Peas  ought  to  be  planted,  &  every 
good  man  should  be  at  his  own  Home; —  If  you  will  take  this 
advice,  I  will  give  you  some  provisions  to  eat  on  the  Path,  but 
while  you  remain  in  our  Settlements,  you  shall  not  have  one 
ounce  of  Flour  from  me. — 

26 


402  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  James  Madison. 

M.  T.  Near  Natchez  April  3rd,  1802 
Sir, 

It  is  confidently  reported  at  New  Orleans  that  East  &  West 
Florida's  are  ceded  to  France1 —  I  have  understood,  that  no  offi- 
cial information  of  the  cession,  had  reached  the  Governor  Gen- 
eral of  Louisiana,  and  that  he  denies  the  truth  of  the  report; — 
it  is  nevertheless  generally  believed  and  has  occasioned  much 
anxiety  &  uneasiness  among  the  Inhabitants  of  Orleans. — 

The  Militia  of  this  District,  continues  in  an  unorganized 
state,  &  the  general  want  of  arms  presents  an  insuperable  bar- 
rier to  their  organization. —  I  sincerely  wish,  the  General  Gov- 
ernment would  make  a  loan  of  about  one  thousand  stand  of  arms, 
to  the  Militia  of  this  Territory; —  they  should  be  carefully  pre- 
served &  would  add  greatly  to  the  security  of  this  exposed  Set- 
tlement.— 

The  Printing  of  the  Acts  of  the  Territorial  Legislature  is 
attended  with  as  great  delay,  as  I  had  anticipated. —  The 
Printer  employed  is  the  only  one  in  the  Territory,  &  from  a 
scarcity  of  Types,  &  I  may  add  too  of  Industry,  the  Laws  remain 
unpublished,  greatly  to  my  own  embarrassment,  &  to  the  in- 
convenience of  the  Citizens. — 

I  continue  to  be  much  harassed  with  Visits  from  my  Choc- 
taw Brethren; —  these  poor,  Idle  &  humble  People  are  really 
great  pests  to  this  Territory; —  I  suppose  at  this  moment  there 
cannot  be  less,  than  two  or  three  hundred,  (consisting  of  Men, 
Women,  &  children)  Encamped  within  six  miles  around  Natchez, 
&  for  a  support,  they  almost  entirely  depend  upon  begging  and 
stealing;  the  Citizens  who  experience  frequent  losses  in  Cattle 
&  Hogs,  are  becoming  highly  dissatisfied,  &  I  find  it  difficult  to 
shield  the  Indians  from  much  violence. — 

I  am  often  at  a  loss  for  an  Interpreter  and  wish  to  be  in- 
formed, whether  I  may  be  permitted  to  employ  one; —  under 

1  This  was  the  contention  of  the  United  States,  but  the  Floridas  did 
not  pass  with  the  Louisiana  purchase. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  403 

the  Spanish  Government,  the  Indians  were  accustomed  to  re- 
ceive Presents  &  Provisions  at  Natchez,  &  their  visits  were  con- 
sequently frequent; — I  have  no  Presents  to  make,  and  very 
seldom  supply  them  with  provisions,  but  they  notwithstanding, 
will  not,  &  cannot  be  persuaded  to  remain  in  their  own  Lands. — 
The  party  Spirit  in  this  Territory,  seems  again  to  be  sub- 
siding, &  if  my  information  be  accurate,  a  decided  majority  of 
the  Citizens  are  pleased  with  the  Second  Grade  of  Government, 
&  the  manner  in  which  it  has  been  administered. — 
With  Respect  &  Esteem 
I  am  Sir, 

your  mo :  obt.  Hble :  Servt. 
The  Honble:  (Signed)   William  C.  C.  Claiborne 

The  Secretary  of  State 
for  the  United  States 
City  of  Washington 


On  the  5th.  of  April  the  Governor  issued  the  following  Procla- 
mation.— 

By  his  Excellency  William  C.  C.  Claiborne  Governor  &  Com- 
mander in  Chief,  in  &  over  the  Mississippi  Territory. 

A    PROCLAMATION.— 

Whereas  the  interest  of  the  Territory  would  in  my  opin- 
ion, be  promoted,  by  an  early  Session  of  the  Legislature  thereof, 
I  have  thought  proper  to  issue  this  my  proclamation,  hereby  re- 
quiring &  commanding  the  Members  of  the  Legislative  Council, 
&  those  of  the  House  of  Representatives  respectively  to  meet  in 
General  Assembly,  at  the  Town  of  Washington,  on  Monday,  the 
third  day  of  May  next. — 

Given  at  Natchez,  this  fifth  day  of  April,  one  thousand,  eight 
hundred  &  two,  &  of  the  Independence  of  the  United  States  of 
America,  the  twenty  sixth. 


404  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

In  testimony  of  which  I  have  undersigned  my  name,  & 
caused  the  public  (Seal)  to  be  hereunto  affixed. — 

William  C.  C.  Claiborne. 
By  the  Governor 
(Singned)         John  Steele,  Secretary 


To  Henry  Dearborn. 

Near  Natchez  April  8th.  1802 
Sir, 

I  have  received  a  letter  from  Mr.  Evan  Jones  of  New  Or- 
leans, formerly  American  Consul  at  that  Port,  informing  me  that 
he  had  lately  received  three  Hogsheads  &  three  Boxes,  contain- 
ing Hoes  &  Axes  &  marked  "U.  S.  Choctaw  Indians"  &  which  it 
appears  some  person  in  Philadelphia,  had  in  February  or  March 
in  the  year  eight  hundred  &  one,  shipped  on  board  the  Brig 
Thomas,  Captain  Earl  bound  for  New  Orleans  &  consigned  to 
him,  Mr.  Jones ;  that  the  Brig  Thomas,  had  been  taken  into  Prov- 
idence &  there  condemned  as  prize,  with  all  her  Cargo,  except 
the  three  Hhds  &  three  Boxes  above  mentioned,  which  were  de- 
livered to  his  Correspondents  there,  &  by  them,  they  had  been 
lately  sent  to  him  at  Orleans. — 

I  have  no  knowledge  of  these  Goods  but  what  is  communi- 
cated by  Mr.  Jones; —  I  am  however  very  certain,  that  they 
were  designed  by  the  U.  States  as  presents  for  the  Choctaw 
Indians,  and  did  suppose,  it  would  be  proper  in  me  to  direct 
their  transportation  to  Natchez,  and  to  pay  the  charges  which 
had  accrued  thereon; —  While  they  remained  at  Orleans,  the 
Costs  for  Storage  would  be  continually  accumulating,  &  they 
could  not  be  appropriated  in  the  manner  contemplated : —  I  hope 
therefore  my  conduct  will  be  approved  of,  &  that  a  Bill,  which  I 
shall  hereafter  draw  upon  the  Secretary  at  War  for  the  amount 
of  the  cost  arising,  will  be  duly  honored. — 


GOVERNOR  WILLIAM  C.   C.   CLAIBORNE.  405 

For  more  particular  information  upon  this  subject,  I  must 
refer  you  to  Mr.  Jones's  communication  to  me  and  my  Answer, 
together  with  a  Letter  from  me  to  Mr.  Samuel  Postlethwait  at 
Natchez,  Copies  of  which  are  enclosed  number  1,  2,  &  3. — 

On  the  arrival  of  these  Goods  at  Natchez  they  shall  be  care- 
fully deposited  &  shall  be  disposed  of  in  any  manner  that  you 
may  direct; —  supposing  it  however  probable  that  Colo:  McKee 
our  Agent  with  the  Choctaws,  may  have  received  some  instruc- 
tions relative  to  these  Goods,  I  have  addressed  to  him  a  Letter, 
a  Copy  of  which  is  also  inclosed,  No.  4. — 

While  I  am  upon  the  subject  of  Indian  affairs,  I  will  take 
the  liberty  to  state  that  the  Choctaws  are  becoming  very  trou- 
blesome to  the  Citizens  of  this  District ; —  they  are  Encamped  in 
every  Neighborhood,  and  are  in  the  habit  of  committing  fre- 
quent depredations  upon  the  Cattle,  Hogs,  &  other  property  of 
the  Inhabitants :  complaints  of  these  excesses,  are  daily  made  to 
me  by  the  People  &  it  is  not  in  my  power  to  give  redress. — 

The  Law  establishing  the  Mississippi  Territory,  attaches  to 
the  Governor,  the  power  &  duties  of  a  superintendant  of  Indian 
affairs; —  if  those  duties  were  particularly  prescribed,  it  would 
relieve  me  from  much  embarrassment. — 

The  management  of  Indians  is  at  all  times  unpleasant,  & 
frequently  attended  with  difficulty ; —  if  therefore  I  consulted  my 
inclination  &  convenience,  I  would  wish  to  take  no  part  in  this 
business,  but  from  the  contiguity  of  the  Territory  to  Several 
Indian  Tribes,  and  their  constant  intercourse  with  our  Citizens, 
it  is  essential  to  the  interest  of  both  parties,  that  the  Governor 
should  have  some  Agency  in  the  Indian  Department.- 

The  Choctaws  who  are  at  present  in  our  Settlement,  are 
(with  a  few  exceptions)  very  worthless  characters; —  they  have 
come  hither  with  their  Women  and  children  for  the  purpose  of 
Begging,  &  stealing; — they  are  in  a  measure  disowned  by  their 
Nation,  &  declared  by  their  Chiefs  to  be  a  set  of  Vagabonds, 
whom  they  cannot  control. — 

The  Territorial  Laws  forbid  the  selling  or  giving  of  Strong 
Drink  to  Indians,  but  yet  it  is  furnished  them,  &  they  are  seen 


406  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

frequently  Drunk  at  Natchez,  to  the  great  disturbance  of  the 
Citizens. — 

I  should  be  sorry  to  make  any  request,  which  might  be 
thought  improper,  and  still  more  so,  to  increase  unnecessarily  in 
any  degree,  the  expenses  of  the  Government,  but  I  am  con- 
strained to  ask  permission,  to  employ  an  Indian  Interpreter, 
&  to  solicit  that  a  subaltern  Officer,  with  about  twenty  or  thirty 
Men  might  be  stationed  in  the  vicinity  of  Natchez,  &  subject 
to  my  orders. —  I  would  then  have  it  in  my  power,  on  all  fit 
occasions,  to  hold  friendly  Talks  with  the  Indians,  who  might 
visit  the  District,  &  to  punish  by  temporary  confinement  those, 
who  might  get  drunk,  or  other  ways  behave  amiss : —  a  kind  of 
punishment,  of  all  others,  the  best  calculated  to  keep  Indians  in 
Order. — 

Some  time  ago,  General  Wilkinson,  on  my  application,  did 
promise  to  erect  (in  the  course  of  the  Summer)  a  Block  House 
in  the  Neighborhood  of  Natchez,  as  a  place  of  Deposit  for  some 
of  the  spare  Arms,  now  at  Fort  Adams  (in  order  that  the  Body 
of  the  Militia,  who  are  almost  entirely  without  Arms,  might  in 
the  event  of  danger,  be  furnished  with  the  means  of  defence,) 
and  to  station  thereat,  a  few  Troops: — If  this  Establishment 
was  made,  it  would  add  to  the  security  of  the  Territory,  &  would 
answer  my  object  in  relation  to  the  Indians: —  The  General  I 
believe,  is  still  disposed  to  make  this  Establishment,  but  it  would 
be  most  pleasing  to  us  both,  if  the  Government  would  previously 
sanction  the  measure; —  upon  this  subject  I  have  heretofore 
written  fully  to  the  Secretary  of  State,  but  not  having  received 
an  answer,  I  fear  my  Letters  have  miscarried. — 
I  have  the  honor  to  be 

With  Sentiments  the  most 
respectful 

your  most  obt.  Hble:  Servt: 
(Signed)  William  C.  C.  Claiborne 

The  Honble.  H.  Dearborn 
Secretary  at  War. — 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  407 

To  Gov.  Claiborne,  from  Evan  Jones. 

No.  1. 

New  Orleans  March  17th.  1802 
Sir, 

Being  informed,  that  your  Excellency  has  the  direction  of 
Indian  Affairs,  in  the  Mississippi  Territory,  I  take  the  liberty 
to  address  you,  on  the  subject  of  some  goods,  I  have  just  re- 
ceived from  Providence,  &  which  by  the  marks  &c  on  them,  ap- 
pear to  have  been  destined  for  the  Choctaw  Indians. — 

It  appears  that  some  time  in  February  or  March,  of  the  year 
1801,  some  person  in  Philadelphia,  Shipped  on  board  the  Brig 
Thomas,  Captain  Earle,  bound  for  this  place,  three  Hogsheads 
&  three  Boxes,  containing,  as  it  is  said,  Axes  &  Hoes,  marked 
U.  S.  Choctaw  Indians,  &  addressed  to  me. — 

The  Vessel  was  taken  into  Providence,  and  there  condemned 
as  prize,  together  with  all  her  Cargo,  except  the  three  Hhds.  & 
three  Boxes  above  mentioned,  which  were  delivered  to  my  cor- 
respondents there,  and  by  them  kept,  for  want  of  an  opportunity 
of  sending  them  on,  'till  the  16th  of  February  past;  when  they 
Shipped  them  to  me  by  the  Schooner  Terropine,  &  I  have  re- 
ceived them,  as  I  have  already  said,  a  few  days  ago,  and  have 
deposited  them.- 

I  know  not  who  Shipped  them  in  Philadelphia,  nor  any  cir- 
cumstance respecting  them,  save  what  I  have  just  related,  as  no 
Invoice,  Bill  of  lading,  or  Letter  about  them  came  to  my  hands. — 

The  charges  I  shall  have  to  pay  on  these  goods,  will  be  be- 
tween Eighty  and  ninety  Dollars  in  Cash,  to  which  will  be 
added  my  Commission  on  receiving  and  delivering  them. — 

Now  Sir,  if  after  reading  this  history  of  them,  you  should 
think  proper  to  order  any  person  to  receive  them  from  me  and 
pay  me  my  charges  on  them,  I  shall  be  ready  to  deliver  them. — 

I  have  also  a  small  demand  of  Twenty  one  Dollars,  on  the 
Government  of  the  United  States  which  I  presume  you  would 


408  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

think  reasonable  should  be  paid  me  out  of  their  effects  now  in 
my  hands. 

With  very  great  respect,  I  have 
the  honor  to  be  Sir, 
your  Excellency's 

most  obt:  Servt: 
(Singed  Evan  Jones. — 

His  Excely. 

William  C.  C.  Claiborne 

Governor  of  the  M.  T. — 


To  Evan  Jones. 


No.  2nd. 

Near  Natchez  April  7th.  1802. — 
Sir, 

Your  Letter  of  the  9th.  Ultimo,  has  been  delivered,  &  I  pray 
you  to  receive  my  thanks,  for  this  mark  of  attention,  to  the  In- 
terest of  the  United  States. — 

I  have  no  information  of  the  Goods  you  allude  to,  but  what 
is  contained  in  your  communication; —  there  can  however  be 
no  doubt,  but  that  these  Goods,  were  intended  by  the  United 
States,  as  presents  for  the  Choctaw  Indians,  &  in  my  Charac 
ter  as  a  Superintendant  of  Indian  affairs,  for  the  Southern  De- 
partment, I  esteem  it  a  duty  to  receive  them,  &  to  pay  the 
charges  which  have  accrued  thereon: —  You  will  be  pleased 
therefore,  to  deliver  to  the  order  of  Mr.  Samuel  Postlethwait 
Merchant  of  Natchez,  the  Hogsheads  and  Boxes,  which  may  be 
marked  "U.  S.  Choctaw  Indians,"  &  this  Gentleman,  will  make 
provision  to  reimburse  you,  the  expences  which  these  Goods  have 
subjected  you  to,  &  will  further  allow  you,  such  commissions 
for  receiving  &  delivering  them  as  may  be  customary. — 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  409 

So  far  as  relates  to  your  "Demand  for  twenty  one  Dollars, 
against  the  Government  of  the  United  States,"  it  is  not  in  my 
power  to  act : —  business  of  that  kind,  more  properly  appertains 
to  the  accounting  officers,  at  the  City  of  Washington,  &  I  am 
persuaded,  that  upon  exhibiting  your  claim,  at  the  Treasury  De- 
partment the  amount  thereof,  will  be  promptly  paid  to  your 
Agent  or  Attorney — 

If  a  better  conveyance  should  not  occur,  I  will  at  your  request 
forward  to  Washington,  any  of  your  claims  against  the  Govern- 
ment, and  on  this  and  all  other  occasions  I  shall  be  happy  to 
render  you  services. — 

With  respect  &c  &c 

(Signed)  William  C.  C.  Claiborne 

Evan  Jones  Esqr. 


To  Samuel  Postlethwait.1 

No.  3 

Near  Natchez,  April  7th.  1802— 
Sir, 

Enclosed  is  a  Letter  to  Mr.  Evan  Jones,  Merchant  of  New 
Orleans,  and  you  will  oblige  me,  by  giving  it  safe  conveyance : — 
That  Gentleman  has  in  his  possession,  three  Hogsheads  &  three 
Boxes  containing  some  presents  from  the  U.  States  for  the  Choc- 
taw Indians; —  I  have  requested  him  to  deliver  them  to  your 
order,  &  you  will  confer  a  singular  favor  on  me,  if  you  would 
through  your  correspondent  at  Orleans,  direct  their  transporta- 
tion to  Natchez. — 

Mr.  Jones  informs  me  that  the  charges  on  those  Goods,  will 
amount  to  about  Ninety  Dollars,  independent  of  his  Commis- 

xThe  leading  merchant  of  Natchez  at  this  time;  married  a  daughter 
of  William  Dunbar. 


410  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

sion  for  receiving  &  delivering  them. —  I  have  taken  the  liberty 
to  inform  him  that  you  would  make  provision  for  the  payment 
of  that  sum,  together  with  the  customary  Commissions. — 

The  costs  accruing,  not  being  particularly  ascertained,  per- 
haps it  would  be  best,  to  authorize  your  correspondent  to  settle 
with  Mr.  Jones,  and  to  draw  upon  you  for  the  amount; — I  pre- 
sume, a  Bill  upon  Natchez  would  be  equally  as  acceptable  to  a 
Merchant  at  Orleans,  as  the  cash; —  But  the  most  convenient 
way,  to  you,  of  adjusting  this  Business,  will  be  agreeable  to 
me. — 

You  may  be  assured,  that  the  monies  you  may  advance,  to 
Mr.  Jones,  together  with  all  charges  incidental  to  the  transporta- 
tion of  the  Goods  to  Natchez,  shall  be  reimbursed  you,  but  I 
must  request  you,  to  instruct  your  Correspondent  to  ask  of  Mr. 
Jones  a  particular  Statement  of  his  account,  to  take  duplicate 
Receipts  for  the  Sum  paid,  and  to  forward  these  Vouchers  to 
you,  by  the  earliest  opportunity. — 

With  great  respect  &  Esteem 
I  am  Sir, 

Your  Hble..  Servt: 

(Sign)  William  C.  C.  Claiborne 

Capt,  Samuel  Postlethwait 
Merchant  at  Natchez. 


To  John  McKee. 


No,  4.— 

Near  Natchez,  April  7th.  1802 
Sir, 

Mr.  Evan  Jones  of  New  Orleans,  informs  me  of  the  late 
arrival  at  that  Place,  of  three  Hogsheads  &  three  Boxes  marked 
"U.  S.  Choctaw  Indians"  (Containing  Hoes  &  Axes)  which  had 
been  shipped  by  some  Person  in  Philidelphia,  sometime  in  Feb- 


GOVERNOR  WILLIAM  C.   C.   CLAIBORNE.  411 

ruary  or  March  in  the  year  1801,  on  Board  the  Brig  Thomas, 
Capt.  Earle  and  addressed  to  him; —  that  the  Vessel  had  been 
taken  into  Providence  &  there  condemned  as  prize,  together  with 
all  her  Cargo,  except  the  Hhds.  &  Boxes  above  mentioned. — 

I  have  informed  the  Secretary  at  War  of  the  contents  of  Mr. 
Jones's  Letter; —  in  the  mean  time  I  have  directed  the  trans- 
portation of  those  Goods  to  Natchez,  and  on  their  arrival,  they 
shall  be  carefully  deposited. — 

Supposing  it  probable  that  you  may  have  received  some  in- 
structions, as  to  the  disposition  of  those  articles,  I  have  written 
you  this  Letter,  &  should  be  happy  to  receive  your  answer. — 
With  respect  I  am  Sir, 

your  Hble.  Servt. 
(Signed)  William  C.  C.  Claiborne 

Colo:  John  McKee. — 


To  Governor  Claiborne,  From  Capt.  Shamburgh.1 

Camp  10  Miles  North  of  Fort  Adams 

April  7th,  1802 
Sir, 

I  am  directed  by  General  Wilkinson  to  send  to  your  Excel- 
lency, a  Brass  Field-Piece,  Eighty  Stand  of  Arms,  And  Sixteen 
flannel  Cartriges,  filled  with  IV2  pounds  of  powder  each,  for  said 
piece  of  Ordnance. — 

Lieutenant  Wilson  the  bearer  of  this  has  the  above  named 
Military  Stores  in  Charge,  &  is  directed  to  deliver  them  to  your 
order —  and  I  have  to  beg  your  Excellency  for  your  Signature 
to  the  Receipts  annexed  to  one  of  the  Involves  here  enclosed — 

1  Bartholomew  Shamburgh,  Pa.  German,  Capt.  June  30,  1794. 


412  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

the  Duplicate  is  for  the  information  of  the  Person  who  may  take 
charge  of  these  Stores —  and  I  am  with  profound  respect 
your  Excellency's 

mo:  obt.  &  very  Hble.  Servt: 

(Signed)  Bm.  Shaumburgh 
Capt:  2nd.  U.  S.  Regt:  Inft: 
His  Excellency 

Governor  Claiborne 


To  Batholomew  Shaumburgh. 

Natchez  April  12th.  1802— 
Sir, 

The  Military  Stores  which  you  committed  to  the  care  of 
Lieutenant  Wilson,  have  been  safely  delivered,  &  my  Receipt  for 
the  same  is  now  enclosed  you. — 

When  the  Troops  under  your  Command  shall  have  reached 
this  Neighbourhood,  I  promise  myself,  the  happiness  of  seeing 
you  at  my  House — 

With  great  Respect, 
I  am  Sir, 

your  Humble  Servt. 

(Signed)  William  C.  C.  Claiborne 
Capt.  Shaumburgh 
2nd.  U.  S.  Regt: 


The  Brass  field  piece,  &  all  its  apparatus,  together  with  40 
Stand  of  Arms,  the  Governor  loaned  to  Captain  Saml.  Postle- 
thwait  for  the  use  of  his  Company  of  Natchez  Artillery,  &  ob- 
tained from  Captain  Post:  (Postlethwait)  the  following  Re- 
ceipt— 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE. 


413 


I  n  v  o  i  c  e  of  Ordnance  &  Military  Stores  received  from  Wil- 
liam C.  C.  Claiborne,  Esquire  Governor  of  the  Mississippi  Ter- 
ritory.— Natchez  12th.  April  1802— 


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Received  from  William  C.  C.  Claiborne,  Governor  of  the  Mis- 
sissippi Territory  the  above  named  Ordnance  &  Military  Stores, 
for  the  use  of  the  Artillery  Company  at  Natchez,  which  I  promise 
to  return  to  him,  or  to  the  Governor  for  the  time  being,  when 
demanded. — 

(Signed)  Saml.  Postlethwait — 

The  remaining  40  stand  of  Arms  was 

deposited  with  Captain  Postlethwait  for  safe  keeping. 


To  the  Members  of  the  Two  Houses  of  Assembly. 

The  Governor  addressed  a  Letter  (of  which  the  following  is 
a  Copy)  to  each  Member  of  the  two  Houses  of  Assembly. — 

Washington  April  16th.  1802 — 
Dear  Sir, 

On  the  fifth  Instant  I  issued  my  Proclamation,  for  convening 
the  Legislature  at  the  Town  of  Washington,  on  Monday  the  3rd. 
day  of  next  Month. — 


414  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

" 

Lest  that  Proclamation  may  not  have  reached  you,  I  have 
written  this  Letter,  &  must  solicit  you  to  be  punctual  in  your 
attendance. — 

With  great  Respect  &  Esteem 
I  am  Dear  Sir, 

your  Humble  Servt. 

(Signed)  William  C.  C.  Claiborne 


To  Samuel  Postlethwait. 

The  Governor  addressed  the  following  Letter  to  Captain 
Samuel  Postlethwait,  Merchant  of  Natchez. — 

Washington  April  16th.  1802 
Sir, 

The  prevalence  of  the  small  pox  at  Orleans,  has  excited  con- 
siderable alarm  among  the  Citizens  of  this  Territory  &  it  is 
greatly  feared,  that  this  Contagious  Disease,  will  extend  to  our 
Settlements; —  its  introduction  at  any  time,  might  probably 
prove  calamitous,  but  at  this  particular  period,  when  the  People 
are  so  generally,  and  necessarily  employed  in  agricultural  pur- 
suits, it  would  indeed,  be  a  great  misfortune. —  I  flatter  myself 
therefore,  that  every  good  Citizen  who  may  have  intercourse 
with  Orleans,  (or  other  places  infected)  will  use  every  precau- 
tion to  avoid  the  communication  of  the  contagion,  &  I  confi- 
dently expect,  that  the  Merchants  of  Natchez  in  particular,  will 
forbear  to  Vend  or  expose  for  Sale,  any  fur  Hats  or  woollen 
Cloths,  which  may  be  directly  imported  from  Orleans  during  the 
existence  of  the  Small-pox,  at  that  Town: —  I  have  understood 
that  these  Articles,  will  nourish  the  Infection,  and  that  by  this 
means,  the  Small-pox  has  been  frequently  communicated  to  dis- 
tant places — 

Will  you  do  me  the  favor  Sir,  to  communicate  the  contents 
of  this  Letter,  to  the  Merchants  of  Natchez,  &  to  assure  them, 


GOVERNOR  WILLIAM  C.   C.   CLAIBORNE.  415 

that  the  Public  Good,  could  alone  induce  me,  to  solicit  any  re- 
striction in  their  Trade. — 

With  great  respect  &  Esteem 
I  am  Dr.  Sir, 

your  Hble-  Servt. 

(Signed)       William  C.  C.  Claiborne 
Capt.  S.  Postlethwait 
Mercht. 


To  William  Dunbar, 

Washington  April  16th.  1802 
Dear  Sir, 

Your  Letter  of  the  11th.  Instant,  was  delivered  to  me,  by 
Mr.  Carter; —  I  should  immediately  have  answered  it,  but  was 
really  too  unwell,  to  attend  to  any  kind  of  Business. — 

I  think  with  you,  that  the  introduction  of  the  Small-pox, 
would  at  this  particular  period,  be  a  great  misfortune,  and  that 
every  precaution  ought  to  be  taken,  to  prevent  its  approach. 

The  Law  you  alluded  to,  relative  to  Contagious  Diseases,  has 
not  been  repealed,  but  before  the  Governor  could  act  under  that 
Law,  he  must  receive  "information  from  some  Physician  within 
"the  Territory  that  a  contagious  Disorder,  is  at  some  House,  in 
"the  Town  or  Country,  or  on  board  of  a  Boat,  or  Vessel,  at  or 
"near  the  shores  of  the  Territory:" — Now  Sir,  no  such  infor- 
mation has  been  communicated,  &  the  Chief  Justice  of  the  Ter- 
ritory (with  whom  I  advised)  accords  with  me  in  an  opinion 
that  in  the  present  state  of  things,  I  can  prescribe  no  Regula- 
tions, which  the  Citizens  would  be  bound  to  conform  to: —  I 
have  however,  requested  the  Merchants  of  Natchez,  not  to  Vend 
or  expose  for  sale,  any  fur  Hats,  or  Woollen  Cloths,  which  may 
have  been  Imported  direct  from  Orleans,  and  I  did  also  address 
a  Letter,  to  Mrs.  Piercy,  in  which  she  was  particularly  solicited, 
not  to  introduce  the  Infection  into  her  Family. — 


416  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

I  am  persuaded  that  in  this  quarter  Inoculation  will  not  be 
resorted  to,  but  by  general  consent,  and  I  flatter  myself  that 
the  Citizens  will  everywhere  observe  the  like  propriety. —  It 
would  be  a  fortuitous  circumstance,  if  the  Vaccine  Matter  could 
be  obtained,  and  I  hope  that  a  disappointment  will  not  ensue; — 
I  should  esteem  it  peculiarly  unfortunate,  if  at  this  time,  we 
should  not  be  benefitted  by  this  important  discovery; —  for  my 
own  part  I  should  think  the  Citizens  would  act  wisely,  were  they 
immediately  to  Assemble,  and  raise  by  subscription  a  fund,  to 
employ  a  confidential  character  to  proceed  direct  to  Kentucky, 
&  procure  the  Matter. —  From  the  account,  I  have  received  of 
the  Cow-pox,  it  is  safe  at  all  seasons  of  the  year  &  so  mild  in 
Its  operation,  as  seldom  to  require  either  nursing  or  confine- 
ment.— 

Mrs.  Claiborne  &  myself  would  be  very  happy  to  see  your- 
self, Lady  &  Family  at  our  little  Cottage; —  Mrs.  Claiborne  is 
at  present  confined,  but  the  prospect  of  her  speedy  restoration  to 
health,  is  very  flattering: —  She  has  recently  presented  me  with 
a  sweet  little  Daughter; —  an  event  which  has  added  greatly  to 
the  happiness  of  us  both. — 

Accept  my  best  wishes. — 
I  am  Dear  Sir, 

your  Hble —  Servt. 
(Signed)  William  C.  C.  Claiborne 

William  Dunbar  Esquire 


To  Gov.  Claiborne,  from  Henry  Dearbourn,  Secretary  of  War. 

The  following  is  a  Copy  of  a  Letter  from  the 

Secretary   at    War   to 
the  Governor. 

War  Department 

Feb.  23rd.  1802- 
Sir, 

It  is  the  ardent  wish  of  the  President  of  the  United  States, 
as  well  from  a  principle  of  humanity,  as  from  duty  and  sound 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  417 

policy,  that  all  prudent  means  in  our  power  should  be  unremit- 
tingly pursued  for  carrying  into  effect  the  benevolent  views  of 
Congress  relative  to  the  Indian  Nations  within  the  Jurisdiction 
of  the  United  States. —  The  provisions  made  by  Congress,  under 
the  heads  of  Intercourse  with  the  Indian  Nations,  and  for  estab- 
lishing trading  Houses  among  them  &c.  have  for  their  object  not 
only  the  cultivation  and  establishment  of  harmony  &  friendship 
between  the  United  States  &  the  different  Nations  of  Indians, 
but  the  introduction  of  Civilization,  by  encouraging  and  grad- 
ually introducing  the  arts  of  Husbandry  and  domestic  manufac- 
tories among  them. —  The  President  is  more  induced  to  continue 
to  use  all  the  means  in  his  power  for  effecting  the  foregoing 
object,  from  the  happy  effects  already  produced  in  several  of 
the  Indian  Nations,  by  the  zeal  and  Industry  of  the  Agents 
among  them. — 

With  a  view  of  giving  every  assistance  in  the  Power  of  the 
Executive,  to  the  measures  contemplated,  relative  to  the  Indians 
generally,  the  President  has  considered  it  necssary  to  make  the 
following  regulations. — 

That  the  Governors  of  the  North  Western,  Indiana  and  Mis- 
sissippi Territories,  in  their  capacities  as  Agents  for  the  Indian 
affairs,  will  in  future  consider  themselves  as  having  the  Super- 
intendence of  all  business  relating  to  the  Indians  in  their  respect- 
ive Territories,  &  will  from  time  to  time  call  upon  such  Sub- 
Agents  as  may  be  necessary  for  ascertaining  any  facts  or  circum- 
stances relative  to  the  said  Indians,  or  the  conduct  of  any  such 
Sub-Agents,  &  for  any  other  information,  which  may  be  useful 
&  proper,  &  to  give  all  such  Sub-Agents  such  instructions  and 
advice  from  time  to  time  as  may  be  found  necessary  and  not 
incompatible  with  the  Laws,  or  instructions  given  by  the  imme- 
diate direction  of  the  President  of  the  United  States. — 

The  Sub- Agents  and  Agents  of  Factories  will  correspond  with 
the  respective  Governors  of  the  Territories  in  which  they  may 
be  placed,  &  communicate  generally  with  the  Department  of 

27 


418  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

War  through  that  channel,  and  consider  themselves  under  the 
general  direction  of  the  Governor  respectively; —  And  Tempo- 
rary or  Sub-Agent  or  Agents  of  Factories  will  regularly  make 
report  once  at  least  in  every  three  Months  to  the  Governor  and  to 
the  Secretary  of  War  of  all  circumstances  relative  to  their  Agen- 
cies, with  a  correct  statement  of  all  expences  incurred  under  their 
direction,  which  report  should  be  made  from  a  Journal  regularly 
&  correctly  kept  by  the  Sub-Agents  of  all  occurrences  worth  no- 
ticing relating  to  disputes,  complaints,  Misfortunes,  &c,  including 
likewise,  whatever  may  relate  to  the  progress  of  Civilization 
among  the  Indians,  &  such  remarks  as  their  knowledge  may  from 
time  to  time  enable  them  to  make,  relating  to  the  Natural  His- 
tory of  the  Country,  the  population,  the  particular  manners  of 
the  Inhabitants,  and  likewise  of  the  increase  or  decrease  of  Popu- 
lation. — 

The  Agents  of  Factories  will  make  correct  Returns  of  the 
State  of  the  Territory,  of  the  Sales  &  Receipts  &c,  to  the  Gov- 
ernor of  the  Territory,  in  which  they  shall  respectively  reside, 
once  in  three  Months,  noticing  all  circumstances  proper  to  com- 
municate relating  to  the  kind  and  quantities  of  goods  wanted 
from  time  to  time  &  will  transmit  a  duplicate  thereof  to  the 
Secretary  of  War. —  Colo :  Hawkins  and  the  Agents  of  the  Fac- 
tories at  Tillico  in  Tennessee  and  in  Georgia  will  communicate 
immediately  with  the  Secretary  of  War  as  usual. — 

I  have  the  honor  to  be 

with  sentiments  of  Esteem 
Your  Humble  Servt. — 

(Signed)  H.  Dearbourn 

His  Excellency 

William  C.  C.  Claiborne  Esquire 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  419 

To  Henry  Dearborn. 

To  the  above  Letter  the  Governor  returned  the  following 
Answer. — 

M.  T.  Natchez  April  19th.  1802 
Sir, 

On  last  evening  I  had  the  honor  to  receive  your  Letter  of  the 
23rd.  of  February  last. — 

So  far  as  may  depend  upon  my  co-operation,  no  exertions 
shall  be  wanting,  to  carry  into  complete  effect  the  benevolent 
views  of  the  General  Government,  relative  to  the  Indian  Nations 
within  the  Jurisdiction  of  the  United  States,  and  such  instruc- 
tions from  the  President  upon  this  subject,  as  you  may  forward 
to  me,  I  will  execute  with  promptitude  and  pleasure. — 

The  progress  of  civilization  among  the  Cherokees,  Chicka- 
saws,  and  upper  Creeks,  authorize  a  hope  that  the  Indians  within 
our  Limits  may  ultimately  be  rescued  from  a  State  of  Barbarism, 
&  to  contribute  to  the  attainment  of  an  object  so  interesting  to 
humanity,  would  be  to  me  a  source  of  great  gratification. —  The 
Choctaws  are  indeed,  generally  involved  in  Savage  life,  but  even 
among  them,  a  Spirit  of  Industry  has  recently  appeared ;  and  the 
cultivation  of  the  Soil  is  becoming  the  principal  employment  of 
several  families. — 

If  my  Agency  be  extended,  to  the  Indians  included  within 
the  bounds  of  this  Territory,  the  Choctaws  and  lower  Creeks 
would  fall  under  my  Inspection ; —  but  from  the  general  tenor  of 
your  communication,  I  understand  it  as  the  intention  of  the  Pres- 
ident to  commit  to  Colo :  Hawkins's  care  the  whole  of  the  Creeks, 
&  until  otherwise  instructed,  I  shall  confine  my  superintendence 
to  the  Choctaws. — 

I  will  thank  you  to  enclose  me  Copies  of  such  Laws  in  relation 
to  the  Indians,  as  may  be  passed  by  the  present  Congress,  and 
also  of  the  instructions  which  have  been  given  to  the  Agent,  re- 
siding within  the  Choctaw  Nation;  — the  early  possession  of 
those  Documents,  will  the  better  enable  me,  to  advance  the 
views  of  Government. — 


420  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

In  my  Letter  of  the  8th.  Instant,  I  advised  you  of  the  situ- 
ation of  some  Indian  Goods  at  Orleans  &  that  I  had  directed 
their  Transportation  to  this  place; —  I  expect  their  arrival  in 
a  few  days;  and  shall  be  solicitous  to  receive  Instructions  from 
you  as  to  their  distribution. — 

I  must  renew  my  application  for  a  Subaltern  Officer,  and 
about  thirty  Men,  to  be  subject  to  my  orders,  and  also  for  the 
privilege  of  employing  an  Interpreter;  — every  day's  experience 
evinces  the  necessity  of  my  possessing  the  means  of  preventing 
the  Indians  when  Intoxicated,  from  mixing  with  the  Citizens  at 
Natchez,  &  of  holding  with  them  occasionally  friendly  Talks. — 
If  the  late  Treaty  with  the  Choctaws  concluded  at  Fort  Adams 
should  be  ratified,  it  is  expedient  without  delay,  to  mark  the 
Boundary  Line  between  them  and  the  United  States,  it  will  serve 
to  prevent  trespasses  upon  Indian  Lands  the  fruitful  sources  of 
discontent. — 

With  sentiments  of  Esteem 
and  respect, 

I  am  Sir, 

your  mo :  obt.  Servt : 
(Signed)  William  C.  C.  Claiborne 

The  Honble. . 
Secretary  of  War 

City  of  Washington 


To  Gov.  Claiborne,  from  James  Madison. 

Department  of  State : — 

Washington  22nd.  February  1802 
Sir, 

I  have  the  honor  to  enclose  you  a  Commission,  constituting 
David  Latimore1  a  Member  of  the  Legislative  Council  of  the  Mis- 
ers. David  and  William  Lattimore  located  in  Natchez  in  1801,  natives 
of  Virginia.     See  Claiborne's  "Mississippi,"  pages  262,  263. 


GOVERNOR  WILLIAM   C.  C.  CLAIBORNE.  421 

sissippi  Territory,  in  the  room  of  Adam  Bingaman  &  request  that 
it  may  be  forwarded  to  him. — 
With  much  respect, 

I  have  the  honor  to  be 
Sir, 
your  most  obt.  Servt: 

(Signed)  James  Madison 

W.  C.  C.  Claiborne  Esquire 

Governor  of  the  Mississippi  Territory  — 


To  James  Madison. 
The  following  is  an  Answer  to  the  foregoing  Letter. — 

M.  T.  Natchez,  April  24th.  1802— 
Sir, 

On  the  18th.  Instant  I  received  your  Letter  of  the  22nd.  of 
February,  covering  a  Commission  for  Doctor  David  Latimore,  as 
a  Member  of  the  Legislative  Council  of  the  Mississippi  Terri- 
tory.— 

This  Commission  has  been  delivered  to  Doctor  Latimore,  and 
I  have  the  pleasure  to  inform  you,  that  he  accepts  of  the  ap- 
pointment ; —  this  Gentleman  unites  to  pure  Republicanism,  hand- 
some Talents  &  an  honest  Heart.  — 

The  utmost  harmony  still  continues  to  exist,  between  the 
subjects  of  Spain  at  Orleans,  and  the  Citizens  of  the  United 
States  who  trade  to  that  Port. —  I  observed  with  great  pleasure, 
in  a  late  Northern  paper,  a  Message  from  the  President  to  Con- 
gress, in  which  he  recommends  the  establishment  of  an  Hospital 
at  New  Orleans ; —  the  principles  of  Humanity  &  of  sound  policy, 
call  loudly  for  an  institution  of  that  kind : —  Our  Citizens  often 
descend  the  Mississippi,  at  an  unhealthy  season  of  the  year,  and 
many  lives  are  lost  at  Orleans,  for  the  want  of  attendance  &  com- 


422  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

fortable  Lodging  for  the  Sick,  and  sometimes  for  the  necessaries 
of  life. — 

With  prospects  so  gloomy,  the  enterprising  Citizen  of  the 
Western   Country,   reluctantly  ventures   down  the   Mississippi 
during  the  Spring  &  Summer  Months,  and  the  difficulty  &  ex- 
pence  of  procuring  Hands,  become  so  great,  that  contemplated 
Voyages  are  sometimes  given  up,  or  if  prosecuted,  the  Hands  em- 
ployed are  too  few  to  ensure  the  safety  of  the  Vessel,  while  on  its 
Passage; —  these  inconveniences  would  in  a  great  measure,  be 
remedied  by  the  establishment  of  a  convenient  Hospital  at  Or- 
leans, for  the  reception  of  Sick  and  disabled  Americans. — 
With  Sentiments  of  Esteem  & 
Respect. 
I  am  Sir,  Your  Humble  Servt. — 

(Signed)  William  C.  C.  Claiborne 

The  Honble: 

James  Madison 

Secretary  of  State 


To  Daniel  Burnet. 

Town  of  Washington  April  27th.  1802.— 
Sir, 

I  have  received  information  that  a  set  of  Pirates  and  Robbers, 
who  alternately  infest  the  Mississippi  River,  and  the  Road  lead- 
ing from  this  District  to  Tennessee,  rendezvous  at  or  near  the 
Walnut-Hills,  in  the  County  of  Claiborne; — a  certain  Samuel 
Mason1  &  a  Man  by  the  Name  of  Harp,  are  said  to  be  the  Leaders 
of  this  Banditti; — they  lately  attempted  in  a  hostile  manner  to 
board  the  Boat  of  Colo:  Joshua  Baker,  between  the  mouth  of 
Yazou  River,  and  the  Walnut  Hills,  but  were  prevented  by  Colo : 

1  There  is  in  the  Mississippi  Department  of  Archives  and  History  a 
record  in  French  of  the  trial  of  Mason  for  robbery,  by  the  military  author- 
ities of  New  Madrid,  dated  January  11-31,  1803.  For  facts  relative  to  Mason 
see  Claiborne's  "Mississippi,"  pages  226,  227,  228. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  423 

Baker's,  making  a  shew  of  Arms,  and  manifesting  a  great  share 
of  firmness. —  These  Men  must  be  arrested;  the  honor  of  our 
Country,  the  Interest  of  Society,  &  the  feelings  of  humanity,  pro- 
claim that  it  is  time  to  stop  their  Career ; — The  crimes  of  Harp, 
are  many  and  great,  and  in  point  of  Baseness,  Mason  is  nearly 
as  celebrated : —  While  these  Sons  of  Rapine  &  Murder  are  per- 
mitted to  Rove  at  large,  we  may  expect  daily  to  hear  of  outrages 
upon  the  Lives  &  properties  of  our  fellow  Citizens. — 

The  Militia  of  your  Regiment  not  being  organized,  I  presume 
it  would  not  be  in  your  power,  to  execute  (strictly)  a  Military 
Order,  I  shall  therefore  only  request,  that  you  will  immediately 
endeavour  to  procure  15  or  20  Men  as  Volunteers,  and  place  your- 
self, or  some  confidential  Character  at  their  Head. — 

This  little  force  will  then  proceed  to  the  Walnut-Hills,  & 
after  making  due  examination  &  enquiry  at  that  place,  they  will 
examine  the  woods  in  the  Neighborhood  of  the  Mississippi  as 
high  up  as  the  Yazou ;  — If  you  should  fall  in  with  Mason  &  his 
party,  you  will  use  all  the  means  in  your  power  to  arrest  them, 
or  any  of  them,  and  I  desire,  that  the  person  or  persons  arrested, 
may  immediately  be  conveyed  under  a  strong  Guard  to  Nat- 
chez.— 

I  hope  that  the  honor  of  taking  these  Lawless  Men,  will  be 
confered  on  the  Citizens  of  your  Neighbourhood;  — Should  they 
Succeed,  I  promise  them  a  very  generous  reward, — 

I  have  written  to  Lieutenant  Rennick  upon  this  subject,  &  it 
is  probable,  he  will  give  you  all  the  aid  in  his  power. 

With  great  Respect  &  Esteem. 
I  am  Sir, 

your  Hble —  Servt : 

William  C.  C.  Claiborne 

P.S.  For  your  information,  I  have  enclosed  you  the  Statement 
made  by  Colo:  Baker  to  me,  of  the  late  attempt  made  to  Rob' 
him. 

w.  c.  c.  a— 

Colo :  Daniel  Burnett — 


424  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  S.  Rennick.1 

A  Letter  from  the  Governor  to  Lieutenant  S.  Rennick  Com- 
manding a  Detachment  of  the  United  States'  Troops  at  the  Grind- 
stone Ford  in  Claiborne  County. — 

Sir, 

A  few  days  since,  as  Colo  Joshua  Baker  was  descending  the 
Mississippi,  he  was  attacked  by  a  set  of  Robbers,  between  the 
mouth  of  the  Yazou  River  &  the  Walnut  Hills ; —  This  Banditti  is 
said  to  be  commanded  by  a  certain  Samuel  Mason  &  a  certain 
Wiley  Harp  who  have  for  years  past  been  in  the  habit  of  com- 
mitting with  impunity  Murders  and  Robberies. — 

I  am  particularly  solicitous,  that  these  persons  should  be  arrest- 
ed and  brought  to  punishment ; —  I  have  written  to  Colo :  Daniel 
Burnet  &  requested  him  to  assemble  a  small  Party  &  proceed  to 
the  Walnut  Hills  &  to  the  Yazou,  in  search  of  the  offenders; — 
I  hope  you  will  give  Colo :  Burnet  all  the  assistance  in  your  power. 
—  If  you  could  furnish  him  with  a  Sergeant  &  12  Men,  you 
would  be  rendering  a  grest  service  to  the  Civil  Authority. — 

Samuel  Mason  is  well  known  in  this  Territory,  as  is  a  Son  of 
his,  by  the  name  of  John,  who  is  also  reported  to  be  amongst 
the  Robbers. —  I  think  it  probable,  that  they  may  be  found  at 
or  near  the  Walnut  Hills; —  at  that  place  the  Wife  of  John 
Mason  resides. — 

With  respect  &  Esteem. 
I  am  Sir, 

your  Hble:  Servt: 
(Signed)  William  C.  C.  Claiborne 

Lieutenant  S.  Rennick 

of  the  3rd.  U.S.  Regiment 

1  Seymore  Rennick,  of  Virginia,  Lt.  U.  S.  A.,  January  9,  1801. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  425 

To  Officer  in  charge  of  Troops  at  mouth  of  Bear  Creek. 

A  Letter  from  the  Governor  to  the  Officer  Commanding  the 
United  States'  Troops  near  the  Mouth  of  Bear  Creek  on  the  Ten- 
nessee River. — 

Town  of  Washington  April  27th.  1802 
Sir, 

I  have  received  information  that  the  Road  from  this  Territory 
to  Tennessee,  is  infested  by  a  daring  set  of  Robbers,  among  whom 
are  a  certain  Samuel  Mason,  and  a  certain  Wiley  Harp ;  Men  who 
have  long  been  habituated  to  murder  &  plunder. — 

I  doubt  not,  but  you  will  give  all  the  protection  in  your 
power  to  the  Citizens  who  may  be  travelling  through  the  Wilder- 
ness, &  I  further  hope  Sir,  that  if  you  should  receive  informa- 
tion of  any  Mischief  being  done  or  attempted  in  the  Wilderness, 
you  will  immediately  order  out  a  Party  of  Men,  and  make  the 
necessary  exertions  to  arrest  the  offenders; —  This  kind  of  con- 
duct on  your  part,  would  give  additional  security  to  the  exposed 
Traveller,  &  great  support  to  the  Civil  Authority. — 
With  great  respect  &  Esteem 
I  am  Sir, 

your  Hble :  Servt : 

William  C.  C.  Claiborne 


To  John  McKee. 

Natchez  May  1st.  1802.— 
Dear  Sir, 

I  have  received  information,  that  the  Negro  of  whose  death, 
I  acquainted  you  of,  in  my  last  Letter,  was  murdered  by  an 
Indian  who  resides  in  the  Mucklesow  Town; —  my  information 
comes  through  the  channel  of  some  Choctaws,  now  in  this  Dis- 


426  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

trict,  will  you  make  further  enquiry  upon  this  subject;  and  in- 
form me,  the  result. — 
I  am  Dear  Sir, 

in  great  haste 
your  friend  &c. 

(Signed)  William  C.  C.  Claiborne 
Colo:  John  McKee 
Agent  in  the 

Choctaw  Nation. — 


To  William  McCormick. 

Town  of  Washington  May  1st-  1802 
Dear  Sir, 

I  am  extremely  solicitous  to  learn  the  situation  of  our  Small- 
pox Patients  on  this  morning. — 

I  am  fearful  that  they  may  experience  some  injury  from  the 
Dews  at  night,  and  the  damp  ground,  &  it  is  greatly  my  desire 
that  these  inconveniences  may  be  remedied  as  soon  as  possible. — 
Will  you  be  so  obliging  therefore  as  to  request  Mr.  Bashford, 
to  have  some  planks  carried  to  the  Encampment  (in  the  course 
of  this  day)  and  employ  a  Person  to  assist  in  making  for  the 
sick  Men  a  comfortable  Place  to  lay  on,  and  a  dry  shelter  over 
them ;  Mr.  Ruth  has  some  Plank  on  the  Road,  which  he  intended 
for  his  Fence,  and  which  he  promised  to  lend  me,  on  this  occa- 
sion ;  they  will  answer  the  purpose  very  well. — 

When  we  consider  the  fatigue  which  those  men  have  under- 
gone, since  they  were  inoculated,  &  the  manner  in  which  they 
have  been  exposed  to  the  heat  of  the  sun,  and  the  Dews  &  Rains 
at  night,  there  is  ground  to  fear,  that  the  disorder  may  be  im- 
mensely severe,  and  I  am  inclined  to  think  the  soonor  medical  aid 
is  procured  the  better; —  will  you  therefore  be  good  enough,  to 
engage  the  attendance  of  one  of  the  Doctor  Latimores,  and  get 
him  to  visit  the  Camp  immediately. — 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  427 

I  must  confess,  that  the  idea,  of  having  sent  a  fellow-mortal 
in  the  woods,  "while  on  a  sick  bed"  is  distressing  to  my  feelings ; 
—  But  the  safety  of  our  own  Society  rendered  the  measure  in- 
dispensable, and  all  that  I  can  do  is,  to  render  their  situation 
as  agreeable  as  the  nature  of  the  case  will  permit. — 

Mr.  Bashford  has  been  instructed  to  call  upon  you  for  every 
necessary  for  these  unfortunate  Men; —  but  lest  he  might  not 
be  sufficiently  provident,  I  wish  you  would  occasionally  visit  them 
yourself,  and  see  what  is  wanting. — 

T  fear  this  Business,  will  be  attended  with  some  trouble  to 
you,  but  I  am  sure,  you  will  meet  it  with  pleasure,  since  the  cause 
of  humanity  is  greatly  involved. — 

With  sentiments  of  Esteem  &  Respect 
I  am  Sir, 

your  Hble.  servt: 

(Signed)  William  C.  C.  Claiborne. 
Wm-  McCormick 
Mercht:  At 
Natchez 


To  Abner  Green. 


To  Abner  Green  Esquire,  Treasurer  General  for  the  Missis- 
sippi Territory. — 

You  will  pay  to  James  Ferrall  Printer  to  the  Territory,  out  of 
any  monies,  which  may  be  in  the  Treasury,  one  hundred  &  forty 
four  Dollars,  being  the  sum  which  is  now  due  him,  for  printing 
the  Laws,  &  for  so  doing,  this  Instrument,  shall  be  your  sufficient 
warrant. — 

Given  under  my  hand  &  Seal  at  the  Town  of  Washington,  on 
the  1st.  day  of  May  1802.— 

William  C.  C.  Claiborne 

Governor  of  the  Mississippi 
Territory. 


428  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Batholomew  Shaumburgh. 

Town  of  Washington,  May  3rd.  1802 
Sir, 

In  a  letter  from  the  Secretary  of  War,  I  am  informed,  that 
the  President  of  the  U.  States  has  directed  five  hundred  Rifle 
Guns  to  be  forwarded  to  me  from  Philidelphia,  by  the  route  of 
New-Orleans,  and  also  three  hundred  Muskets  to  be  delivered  to 
me  at  Fort  Adams,  on  my  receipting  for  them. — 

It  would  be  inconvenient  to  receive  those  Arms,  until  there 
is  erected  a  convenient  House  as  a  place  of  deposit,  and 'I  am 
furnished  with  a  small  Party  to  guard  them  until  they  are  dis- 
tributed in  the  manner  contemplated  by  the  Government. — 

I  have  therefore  to  request,  that  you  would  detach  a  subaltern 
Officer  and  twenty-five  or  thirty  Men  to  this  Town,  in  Order, 
that  they  may  proceed  to  erect  a  suitable  Block-House,  for  the 
reception  of  the  Arms,  above  mentioned,  and  that  the  officer  be 
directed  to  comply  with  such  instructions,  as  he  may  from  time 
to  time,  receive  from  me. — 

With  respect  &  Esteem. 

I  am  &c. 

William  C.  C.  Claiborne 

Capt.  B.  Shaumburgh 


To  the  Two  Houses  of  Assembly. 

A  Communication  from  the  Governor,  to  the  two  Houses  of 
Assembly. — 

FELLOW  CITIZENS  of  the  LEGISLATIVE  COUNCIL,  &  of 

the  HOUSE  of  REPRESENTATIVES.  — 

I  am  persuaded  that  an  early  attention,  to  several  Subjects 
of  Legislation,  will  be  promotive  of  the  Public  good ; —  but  being 
aware  of  your  solicitude,  to  render  the  present  Session  as  short, 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  429 

as  duty  to  your  Constituents  will  permit,  I  shall  forbear  to  rec- 
ommend any  business  which  can  safely  be  postponed. — 

The  act  which  provided  for  the  Publication  of  the  Laws  and 
Journals  of  the  Legislature,  will  not  I  fear  prove  fully  com- 
mensurate to  that  object;  — from  a  want  (probably)  of  Types  or 
of  sufficient  assistance,  the  Public  Printer  has  progressed  so 
slowly  in  the  work,  as  to  evidence  the  necessity  of  making  further 
&  better  provision  upon  this  subject  for  the  future. —  The  speedy 
and  certain  promulgation  of  the  proceedings  of  each  succeeding 
Assembly,  is  an  act  of  Justice,  to  the  Government,  and  to  our 
constituents ; —  it  would  afford  the  means  of  general  information, 
and  would  present  the  surest  barrier  against  the  effects  of  Mis- 
representation &  Misconception. — 

A  revision  in  part  of  the  act,  regulating  the  Judicial  Depart- 
ment, seems  to  me  expedient; —  our  experience  under  this  Sys- 
tem, has  not  been  sufficient  to  ascertain  the  extents  of  its  merits, 
or  defects; —  In  theory,  it  is  believed,  well  adapted  to  the  local 
situation  of  the  Territory,  and  to  the  administering  of  Justice 
between  Man  and  Man ; —  that  the  details  of  the  Bill  are  defect- 
ive, is  indeed  certain,  for  perfection  in  a  subject  so  complex,  is 
not  within  the  reach  of  human  wisdom; —  But  its  inaccuracies 
will  best  be  discovered  in  the  progress  of  its  operation,  &  the 
necessary  corrections  may  then,  with  greater  certainty  be  ap- 
plied ; —  You  will  however  find  it  indispensable,  to  make  a  differ- 
ent and  more  convenient  arrangement  of  the  times  for  holding 
the  Courts ; —  the  Superior  Court  for  Adams  District,  &  the  Court 
for  Jefferson  County  follow  so  close  in  succession,  that  they  will 
probably  be  in  Session  at  one  and  the  same  time,  and  the  Su- 
perior Court  for  Jefferson  District  and  the  Election  for  Repre- 
sentatives to  the  General  Assembly,  commence  on  the  same  days ; 
—  These  interferences  (if  suffered  to  continue)  will  create  gen- 
eral inconvenience  to  the  Citizens,  and  may  produce  an  obstruc- 
tion in  the  streams  of  Justice. — You  will  also  find  it  advisable,  to 
make  a  more  just  apportionment  of  the  number  of  Jurors,  to  be 
returned  from  the  different  Counties,  to  the  Superior  Courts; — 


430  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

At  present  each  inferior  Court  is  directed  to  nominate  thirty-six 
Jurors  to  the  Superior  Court,  a  regulation  which  may  prove 
somewhat  burthensome  to  the  smaller  Counties. — 

While  on  the  subject  of  the  Judiciary,  permit  me  to  observe, 
that  it  will  be  wise  policy,  to  consider  with  deliberation  &  can- 
dour, every  good-intentioned  objection,  which  may  exist  to  the 
System; —  In  a  free  Government,  the  wishes  of  every  part  of 
the  community,  as  far  as  be  practicable,  and  consistent  with  the 
general  good,  ought  to  be  consulted,  for  that,  administration  will 
always  be  the  most  honourable  and  happy,  which  in  the  greatest 
degree,  attaches  the  affections  of  the  People. — 

The  prevalence  of  the  Small-pox  at  New  Orleans,  and  our 
constant  commercial  Intercourse  with  that  Port,  exposing  this 
Territory  to  iminent  danger  of  receiving  the  contagion,  a  general 
alarm  has  prevailed  among  the  Citizens  for  several  weeks  past ; — 
The  want  of  authority  has  prevented  me,  from  taking  the  meas- 
ures, best  calculated  to  guard  against  the  introduction  of  this 
'pestilence;  —  at  any  time  it  might  prove  distressing,  but  at  this 
season  of  the  year,  when  the  People  are  so  generally  and  neces- 
sarily engaged  in  aggricultural  pursuits,  it  would  indeed  be  a 
great  misfortune. — 

Two  attempts  have  been  made  to  avail  ourselves  of  that  valu- 
able discovery  in  Medical  Science,  the  Vaccine  or  Cow-pox,  but 
I  am  sorry  to  inform  you,  that  the  Virus  which  was  procured,  not 
being  genuine,  or  having  lost  its  virtue  from  age,  the  first  attempt 
failed  of  success,  &  it  is  yet  doubtful  whether  the  issue  of  the 
second  will  be  more  fortunate. — 

It  remains  for  the  Legislature  to  determine  how  far  it  may 
be  proper,  to  pass  a  general  Health-Law,  and  what  powers  ought 
to  be  vested  with  the  Executive,  to  prevent  the  introduction  of 
the  Small-pox,  or  other  infectious  Diseases;  — A  Law  upon  this 
subject,  was  passed  under  the  1st.  Grade  of  Government,  and 
remains  unrepealed,  but  upon  inspection,  its  provisions  will  be 
found  too  imperfect  to  remain  as  a  permanent  Regulation. — 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  431 

FELLOW  CITIZENS  of  the  LEGISLATIVE  COUNCIL  and 
of  the  HOUSE  of  REPRESENTATIVES— 

Among  the  objects  of  general  concern,  which  properly  arrest 
the  attention  of  Legislators,  there  is  one  of  high  importance, 
which  has  not  yet  been  attended  to  in  this  Territory ; —  I  mean  a 
System  of  Public  Education,  and  I  should  be  sorry  to  see  the 
functions  of  the  first  Legislature  chosen  by  the  People  concluded, 
until  some  provision  was  made,  upon  this  interesting  subject.1 

Every  Government  which  aims  at  the  general  welfare  and 
happiness,  ought  to  direct  its  views  to  the  advancement  of  Litera- 
ture, as  the  most  efficient  means. —  But  the  very  preservation 
of  a  Republican  Government  in  its  genuine  purity  and  energy,  de- 
pends upon  a  diffusion  of  knowledge,  among  the  Body  of  So- 
ciety.— 

A  People  involved  in  mental  darkness,  become  fit  subjects  for 
despotic  sway,  but  when  Informed  of  their  Rights,  they  will 
never  fail  to  cause  them  to  be  respected  by  the  Public  Authority. 

I  am  sure  in  point  of  pecuniary  resources,  this  Territory  is 
well  enabled  to  defray  the  expence  of  Literary  Institutions; — 
The  rapid  and  uncommon  growth  of  wealth  amongst  us  will  indeed 
be  a  blessing,  if  it  should  be  accompanied  in  a  like  Ratio,  with 
Mental  improvement; —  But  if  wealth  be  not  used  as  an  Instru- 
ment to  promote  knowledge  and  rational  refinement,  there  is 
danger,  that  it  may  produce  Luxury  &  Vice  in  the  rising  Gen- 
eration, and  become  the  means  of  corruption  both  Public  & 
Private. — 

I  submit  therefore  for  consideration,  the  propriety  of  extend- 
ing your  Legislative  cares,  to  the  Education  of  our  Youth:  A 
Seminary  of  Learning,  established  at  some  situation  central  to 
the  Population  of  the  Territory,  fostered  by  the  Government, 
and  placed  under  the  direction  of  a  well  selected  Board  of  Trus- 

1  In  response  to  this  suggestion  of  Gov.  Claiborne,  the  Legislature  estab- 
lished Jefferson  College  May  13,  1802.  Mayes'  "History  of  Education  in 
Mississippi,"  page  25;  Morrison's  "Jefferson  College,"  Pub.  Miss.  His.  So., 
pp.  179-188. 


432  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

tees,  would  I  flatter  myself,  become  a  fruitful  Nursery  of  Science 
&  Virtue.— 

At  this  Seminary,  our  Youth  would  be  collected  into  one  com- 
munity, and  would  form  the  early  ties  of  intimacy,  which  would 
bind  their  Hearts  in  union  &  friendship  through  Life. — 

I  shall  reserve  for  special  Messages,  some  other  matters, 
which  it  is  proper  to  lay  before  you,  and  will  conclude  my 
present  communication,  with  assurances  of  my  entire  confidence 
in  your  Patriotism,  and  of  my  faithful  co-operation  in  every 
measure,  which  promises  to  advance  the  Interest  of  the  Missis- 
sippi Territory. — 

(Signed)  William  C.  C.  Claiborne 

Washington  May  4th  1802— 


To  the  two  Houses  of  Assembly. 

A  Message  from  the  Governor  to  the  two  Houses  of  As- 
sembly— 

Gentlemen  of  the  Legislative  Council,  and  of  the  House  of  Repre- 
sentatives.— 

The  enclosed  Resolution  of  the  House  of  Representatives  of 
the  United  States,  which  was  transmitted  to  me,  by  the  Hon- 
ourable the  Speaker  of  that  Body,  will  acquaint  you  of  the  death, 
of  our  worthy  fellow  Citizen  Narsworthy  Hunter,  late  a  Dele- 
gate from  this  Territory  to  Congress. — 

It  will  become  a  duty  of  the  two  Houses  of  Assembly,  to  sup- 
ply the  Vacancy  which  is  occasioned  by  Mr.  Hunter's  death; — 
This  unfortunate  event  has  deprived  the  Mississippi  Territory 
of  a  valuable  friend. — 

(Signed)         William  C.  C.  Claiborne 
Washington  May  4th    1802.— 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  433 

To  Gov.  Claiborne,  from  Nathaniel  Macon. 

Washington  13th.  March  1802— 
Sir, 

The  enclosed  Resolution  of  the  House  of  Representatives  of 
the  United  States,  will  inform  you  of  an  event,  which  all  here 
lament,  and  none  more  than 

Sir, 

Your  mo :  obt :  Servt : 

Nanthl  Macon 


In  the  HOUSE  of  REPRESENTATIVES 
of  the  UNITED  STATES, 

Friday,  the  12th.  of  March,  1802.— 
Resolved,  that  the  Speaker  of  this  House  address  a  letter  to 
the  Governor  of  the  Mississippi  Territory,  to  inform  him  of  the 
death  of  Narsworthy  Hunter,1  the  Delegate  from  the  said  Terri- 
tory in  this  House,  in  order  that  measures  may  be  taken  to  sup- 
ply the  vacancy  occasioned  thereby2 

Extract  from  the  Journal, 
(Signed)  John  Beckley —  Clerk — 


To  Benajah  Osmun. — 

Town  of  Washington  May  6th.  1802 — 
Dear  Sir, 

The  Major  of  Brigade,  has  furnished  me,  with  a  Copy  of 
the  returns  you  have  made,  to  his  office,  of  the  Bounds  of  Com- 
pany Districts,  laid  out  in  this  County. — 

The  promptitude  and  correctness,  with  which  this  duty  has 
been  performed  by  yourself,  and  the  two  Majors,  are  highly 

'Died  March  11,  1802. 

2  The  May  session,  1802,  elected  Thomas  Marston  Green,  of  Jefferson 
County,  to  succeed  Narsworthy  Hunter,  deceased. 
28 


434  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

pleasing  to  me,  and  entitle  yourself  and  them  to  my  sincere 
thanks. — 

With  a  view  to  conciliation,  and,  to  effect  a  ready  and  cheer- 
ful attention  to  Military  duty,  I  am  desirous  that  the  privates 
composing  the  different  Military  Companies,  shall  nominate  (by 
election)  such  Characters,  as  they  would  wish  me  to  Commission 
as  Captains,  Lieutenants,  and  Ensigns  &  my  determination  is 
to  appoint  every  Person  so  recommended,  unless  there  should 
exist  some  good  Objection  either  to  his  Public  or  Private  Char- 
acter.— 

Will  you  therefore  appoint  a  convenient  time  and  place,  for 
the  Citizens  subject  to  Militia  duty  and  residing  within  the 
Bounds  of  Company  Districts,  to  assemble  and  recommend  their 
Company  Officers; —  will  you  also  instruct  one  of  your  Majors 
to  give  due  notice  of  the  time  when,  and  the  place  where,  the 
different  Companies  are  to  assemble,  and  to  attend  at  the  said 
Company  meetings,  in  order,  that  the  business  may  be  conducted 
fairly; —  By  the  Major,  the  Persons  recommended,  will  be  an- 
nounced to  you,  and  through  you  to  me. — 

With  great  respect  &  Esteem: 
I  am  Dr.  Sir, 

your  obt:  Hble:  Servt. 

(Signed)         William  C.  C.  Claiborne 

Colo:  Benejah  Osmun.  — 


To  Gov.  Claiborne,  from  Henry  Dearborn. 

War  Department 

March  10th.  1802.— 
Sir, 

Your  representation  of  the  unarmed  condition  of  the  Militia 
of  the  Mississippi  Territory,  and  taking  into  view  the  peculiar 
situation  of  the  Country,  has   induced  the  President  of  the 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  435 

United  States  to  direct  five  hundred  Rifle  Guns  to  be  forwarded 
from  Philidelphia  by  the  first  conveyance  by  water  to  the  care 
of  William  E.  Hulings  Esquire  Vice  Consul  at  New  Orleans,  to 
be  delivered  to  your  Order  and  also  three  Hundred  Muskets  to 
be  delivered  at  Fort  Adams,  on  your  receipting  for  them. —  The 
whole  of  the  Rifles  and  Muskets  to  be  sold  under  your  direction 
to  the  Militia,  on  such  reasonable  terms  as  you  may  deem  proper ; 
but  it  may  be  found  beneficial  to  set  the  prices  so  high  as  to  pre- 
vent their  being  purchased  for  the  purpose  of  speculation;  the 
mode  of  payment  will  likewise  be  left  to  your  discretion. —  None 
should  be  sold  to  any  Persons  not  actually  belonging  to  the  Mili- 
tia.— 

I  have  the  honor  to  be  with 

sentiments  of  Esteem. 

your  Hble  Servt : 
(Signed)  H.  Dearborn 

His  Excellency 

William  C.  C.  Claiborne 

Governor  of  the  Mississippi  Territory 


To  Henry  Dearborn,  Secretary  of  War. 

To  the  above  Letter,  the  Governor  wrote  the  following  An- 
swer.— 

M.  T.  Near  Natchez  May  10th.  1802.— 
Sir, 

I  received  by  the  last  northern  Mail,  your  Letter  of  the  10th 
of  March,  advising  me  that  the  President  had  directed  five  hun- 
dred Rifle  Guns  to  be  forwarded  from  Philidelphia  to  New 
Orleans,  and  to  be  delivered  to  my  order,  and  also  three  hun- 
dred Muskets  to  be  furnished  me  from  Fort  Adams  on  my  re- 
ceipting for  them; — the  whole  to  be  sold  under  my  directions 
to  the  Militia  of  this  Territory, —  This  arrangement,  has  afforded 


436  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

me  great  satisfaction, —  it  certainly  will  add  to  the  security  of 
the  District,  and  will  I  flatter  myself,  render  our  Militia  respecta- 
ble.—  I  shall  take  care  that  these  arms  be  alone  disposed  of  to 
Persons  actually  Enrolled  in  the  Militia  and  I  shall  take  every 
precaution,  to  prevent  their  becoming  an  object  of  speculation; — 
to  enable  me  the  better  to  do  so,  I  shall,  in  Person  superintend  the 
sales,  and  for  this  purpose,  I  have  it  in  contemplation  to  deposit 
the  Arms  in  a  small  Magazine,  which  will  be  erected,  in  about 
four  hundred  yards  of  my  own  Dwelling. — 

The  day  after  the  receipt  of  your  communication,  I  addressed 
to  Captain  Shaumburgh,  commanding  the  United  States  Troops 
in  this  quarter  a  Letter,  of  which  the  Paper  No.  1.  is  a  Copy,  and 
I  received  on  yesterday,  his  answer  No:  2.  and  to  which  corre- 
spondence, I  beg  leave  here  to  refer  you. —  I  did  not  suppose  it 
safe,  to  have  several  hundred  stand  of  arms,  deposited  any  where 
in  this  Territory,  without  a  Guard  of  protection,  and  the  number 
of  Men  I  requested  of  Captain  Shaumburgh  will  not  I  presume  be 
deemed  too  many; —  in  erecting  the  Magazine  &  Block-House, 
the  utmost  economy  shall  be  observed,  and  the  work  formed  on  a 
small  scale ; —  the  use  of  the  Land  on  which  the  Buildings  will  be 
erected,  shall  be  procured  gratis,  also  all  necessary  Timber,  or 
if  it  should  be  deemed  advisable,  I  will  procure  for  the  United 
States  (from  a  Mr.  Foster  the  present  owner  of  the  Land)  upon 
very  moderate  terms,  a  Title  to  the  Ground. — 

The  President,  in  submitting  to  my  discretion,  the 
terms  upon  which  the  Rifles  and  Muskets  are  to  be  sold,  and  also 
the  mode  of  payment,  has  given  me  a  high  proof  of  his  confi- 
dence, &  I  shall  endeavour  to  discharge  that  confidence  with  fidel- 
ity;—  but  I  must  confess,  it  would  have  been  more  pleasing  to 
me,  if  the  conditions  of  the  sale  had  been  prescribed;  I  should 
then,  have  had  nothing  to  do,  but  to  comply  with  my  Instructions ; 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  437 

— but  at  present,  I  feel  a  responsibility,  which  will  attach  to  my 
mind  no  small  share  of  anxiety. — 
With  great  respect  &  Esteem, 
I  am  Sir, 

Your  Hble.  Servt: 
(Signed)  William  C.  C.  Claiborne 

The  Honble.. 

Henry  Dearborne 

Secretary  of  War 

for  the  United  States 


To  Majors  Isaac  Callier  and  Nathaniel  Christmas. 

A  Copy  of  a  Letter  from  the  Governor  to  Majors  Isaac  Callier 
&  Nathaniel  Christmas  of  Washington  County,  a  copy  of  which 
was  sent  to  each  of  those  Gentleman. — 

Town  of  Washington  May  11th.  1802 
Sir 

I  have  enclosed  you  a  Copy  of  a  Law,  which  has  lately  been 
passed  by  the  General  Assembly; —  It  is  in  part  interesting  to 
Washington  County  and  I  wish  you  to  make  its  contents  gener- 
ally known. — 

The  printing  of  the  Laws  passed  during  the  last  Session  of 
the  Legislature  is  not  yet  completed ; — so  soon  as  this  necessary 
duty  is  performed,  correct  Copies  shall  be  transmitted  to  your 
County. — 

The  Citizens  of  the  Territory  generally,  experience  great  in- 
convenience from  the  delay  which  has  attended  the  publication 
of  our  Laws,  and  this  inconvenience  cannot  be  remedied  until 
a  better  Printing  Press,  than  the  one  now  engaged  can  be  met 
with  in  the  Territory.— 


438  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

I  sent  you  Copies  of  the  Tax  and  the  Election  Laws  by  Mr. 
James  Callier.-- 

With  great  respect  &  Esteem 
I  am  Sir, 

Your  Hble..  Servt: 

(Signed)         William  C.  C.  Claiborne 


To  James  Madison. 

M.  T.  Near  Natchez  May  14th.  1802 
Sir, 

In  conformity  to  a  Proclamation  which  I  issued  on  the  5th 
day  of  April  1802,  the  Legislature  of  this  Territory  met  in  Ses- 
sion on  the  3rd.  Instant  and  on  the  day  following  I  made  to  the 
two  Houses  a  Communication  of  which  the  enclosed  is  a  Copy. — 
On  yesterday  the  Legislature  adjourned,  having  acted  upon  the 
different  subjects  which  I  had  recommended,  and  made  several 
very  wholesome  Laws,  amongst  which  is  an  act  to  establish  a 
College  in  the  Mississippi  Territory. —  The  act  declares  that 
this  College  shall  bear  the  name  of  "Jefferson  College,  in  honor 
of  Thomas  Jefferson  President  of  the  United  States  and  Presi- 
dent of  the  American  Philosophical  Society." — 

A  little  Town  called  Washington,  about  six  miles  from  Nat- 
chez is  fixed  upon  by  Law,  as  the  place  where  the  future  Sessions 
of  the  Legislature  shall  be  holden. —  Washington  is  handsomely 
situated,  well  supplied  with  excellent  Spring  water,  and  said 
to  be  the  healthiest  Spot  in  the  District.1 — 

During  the  late  Session  of  the  Legislature,  a  Mr.  Thomas  M. 
Green  was  elected  a  Delegate  to  Congress,  to  supply  the  Vacancy 
occasioned  by  Mr.  Hunter's  death; —  Mr.  Green  is  a  respectable 
and  wealthy  Farmer,  warmly  attached  to  the  United  States, 

'Washington  was  made  the  Territorial  capital  by  Act  of  February  1, 
1802.  The  original  Act  is  signed  by  W.  C.  C.  Claiborne,  Governor;  H. 
Hunter,  Speaker  of  the  House,  and  John  Ellis,  President  of  the  Council,  and 
is  on  file  in  the  Mississippi  Department  of  Archives  and  History. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  439 

&  to  the  principles  of  seventy  six,  possessing  a  tolerable  correct 
judgment,  but  without  the  advantage  of  a  good  Education. — 
With  sentiments  of  great 
Esteem  &  Respect 
I  am  Sir, 

Your  Hum :  Servt : 
(Signed)  William  C.   C.   Claiborne 

The  Honble : 

James  Madison 

Secretary  of  State  for  the  U.S. — < 


To  Henry  Dearborn,  Secretary  of  War. 

The  following  is  a  Copy  of  a  Letter  from  the  Governor  to 
the  Secretary  of  War  for  the  United  States. 

M.  T.  Near  Natchez  May  14th.  1802 
Sir,  The  Indian  Goods  which  were  mentioned  in  my  Letter  of 
the  8th.  and  19th.  of  April,  have  not  yet  reached  Natchez,  they 
are  however  on  the  River  and  I  expect  them  daily. —  Mr.  Jones's 
Bill  of  Cost,  when  exhibited  at  Orleans,  amounted  to  one  hundred 
&  thirty  Dollars  which  has  been  paid  at  my  request  by  Samuel 
Postlethwait  Merchant  at  Natchez  and  duplicate  Receipts  taken ; 
—  for  this  sum  together  with  the  amount  of  freight  from  Orleans 
to  Natchez,  which  will  probably  be  inconsiderable. —  I  shall 
draw  upon  you  in  favor  of  Mr.  Postlethwait. — 

I  have  not  yet  received  an  answer  from  John  McKee  to  the 
Letter  I  wrote  him  on  the  7th.  of  March  on  the  subject  of  those 
Goods,  a  Copy  of  which  accompanied  my  communication  to  you 
of  the  8th.  of  April. — 

I  have  the  pleasure  to  inform  you,  that  the  Choctaws  continue 
friendly,  and  that  most  of  those  poor  Indians  who  recently  sup- 
ported themselves,  by  begging  &  plundering  in  our  settlements, 
have  returned  to  their  own  Lands. — 


440  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

By  a  Gentleman  immediately  from  Orleans  I  learn,  that  an 
opinion  still  prevails  there,  that  Louisiana  is  ceded  to  France, 
but  no  official  information  thereof  had  been  received. — 

While  Spain  is  in  the  humour  of  parting  with  some  of  her 
dependencies,  I  wish  to  God  the  United  States  could  negociate 
for  East  &  West  Florida,  including  the  Mouth  of  the  Mississippi ; 
—  This  indeed  would  be  a  great  acquisition,  and  would  be  pro- 
ductive of  the  most  happy  Political  consequences. — 
With  great  respect  &  Esteem. 
I  am  Sir, 

Your  mo :  obt :  Hble :  Servt : 
(Signed)  William  C.  C.  Claiborne 

TheHonble.. 

Henry  Dearborn 

Secretary  of  War  for  the 
United  States. — 


To  Seth  Lewis. 


The  following  is  a  Copy  of  a  Letter  from  the  Governor  to  the 
Honorable  Judge  Lewis. 

Town  of  Washington  May  22nd.  1802 
Sir, 

The  Bearer  Mr.  Stephen  Bullock,  wishes  a  Licence  to  prac- 
tice as  a  Lawyer  in  the  several  Courts  in  this  Territory: —  will 
you  be  good  enough  to  examine  him,  and  give  me  your  opinion 
in  writing  as  to  the  extent  of  his  legal  information. — 

I  ask  permission,  to  send  to  you  for  examination,  all  future 
applicants  for  admission  to  the  Bar,  and  your  opinion  as  to  their 
fitness,  will  always  be  received  with  great  respect  by 

Sir, 

Your  Hble..  Servt. 
(Signed)     William  C.  C.  Claiborne 


GOVERNOR  WILLIAM  C.   C.   CLAIBORNE.  441 

To  Gov.  Claiborne  from  Henry  Dearborn. 

A  Copy  of  a  Letter  from  the  Secretary  of  War  to  the  Gov- 
ernor. 

War  Department 

April  8th.  1802 
Sir, 

From  your  representation  of  the  state  of  Society  at  Natchez, 
and  of  the  peculiar  situation  of  the  Territory,  the  President  of 
the  United  States  is  of  opinion  that  a  Company  of  regular  Troops 
may  be  spared  from  Fort  Adams  to  be  disposed  of  in  the  manner 
you  have  suggested: —  A  Block  House  and  quarters  for  the 
Troops  will  also  be  necessary  at  some  healthy  and  convenient 
place. —  While  the  President  is  desirous  of  doing  for  our  Citizens 
whatever  is  necessary  for  their  safety  and  prosperity,  he  is 
anxious  to  restrain  all  expences  within  just  &  reasonable  limits, 
It  is  therefore  expected  that  the  Scite,  materials  and  labor  for 
these  works  will  be  furnished  at  such  moderate  and  reasonable 
prices  as  a  private  Citizen  would  pay,  these  views  of  economy 
being  previously  secured,  a  company  will  be  ordered  from  fort 
Adams  to  assist  in  erecting  the  Buildings,  together  with  such 
artificers  as  can  be  spared  from  that  Post. —  High  Commanding 
ground  in  the  vicinity  of  good  water  at  one  or  two  miles  distance 
from  the  river  should  be  selected  for  the  Post  and  in  the  vicinity 
of  the  principal  Population,  perhaps  it  may  be  proper  to  place  the 
Post  at  a  greater  distance  from  the  River,  say  three  or  four 
miles,  the  healthfulness  of  the  Scite  should  be  considered  an  im- 
portant object; —  the  Block  House  should  be  about  thirty  feet 
square  and  two  stories  high,  the  Timber  for  the  walls  should  be 
twelve  inches  thick  and  of  the  most  durable  kind  that  can  be  con- 
veniently procured ; —  the  upper  Story  should  be  made  convenient 
for  the  residence  of  the  officers,  except  such  parts  as  will  be  neces- 
sary for  depositing  the  Arms  &c;  the  lower  Story  may  serve  as 
a  Store  for  the  Garrison ; —  the  Huts  or  Barracks  should  be  made 
sufficiently  large  to  afford  suitable  accommodation  to  the  non- 


442  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

commissioned  officers  and  Soldiers: —  If  suitable  Timber  can  be 
conveniently  obtained  for  a  Stockade,  it  would  be  an  object  worth 
your  attention  as  a  retreat  in  case  of  danger  for  Women  and 
Children, —  one  hundred  and  forty  feet  square  would  perhaps  be 
sufficiently  extensive,  that  however  can  be  better  Judged  of  on 
the  Spotl- 
it is  considered  that  it  may  be  proper  and  beneficial  to  consult 
with  the  Commanding  Officer  of  Fort  Adams  relative  to  the  Scite 
for  the  above  works. — 
I  have  the  honor  to  be 

With  esteem  your  mo : 
obt:  Servt: 

(Signed)  H.  Dearborn 

His  Excellency 

William  C.  C.  Claiborne 


To  Henry  Dearborn. 

The  following  is  a  Copy  of  a  Letter  from  the  Governor  in 
answer  to  the  foregoing  from  the  Secretary  of  War. — 

Town  of  Washington,  May  24th.  1802 
Sir, 

I  am  honored  with  the  receipt  of  your  Letter  of  the  8th  of 
April. — 

The  stationing  of  a  Company  of  regular  Troops  at  some  Po- 
sition central  to  the  population  of  the  Territory,  and  the  erect- 
ing of  some  works  of  Defence,  to  be  appropriated  also,  as  a  place 
of  Deposit  for  Arms  &c.  are  in  my  opinion,  prudent  measures ; — 
I  flatter  myself  that  no  event  will  arise,  to  disturb  the  peace  of 
this  distant  settlement,  but  really  in  its  present  defenceless  and 
exposed  situation,  I  should  think  myself  wanting  in  duty,  had  I 

1  Description  of  Fort  Dearborn,  as  afterwards  constructed  under  orders 
of  Gov.  Claiborne  at  Washington  M.  T.  The  site  of  the  old  fort  is  still  an 
object  of  interest  to  visitors  to  that  little  village. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  443 

not  suggested  the  propriety  of  placing  the  means  of  defence, 
within  the  reach  of  the  People. — 

The  Scite,  materials  and  labour  for  the  Fort  &c,  I  will  take 
care  to  obtain  on  such  "reasonable  and  moderate  terms,  as  a  pri- 
vate Citizen  would  pay,"  and  so  far  as  may  depend  upon  my 
agency,  I  shall  endeavour  on  all  occasions,  to  restrain  the  ex- 
pences  of  Government  in  this  quarter,  within  just  and  economi- 
cal limits. —  It  seems  to  me  that  the  cost  of  the  works  contem- 
plated, will  be  far  from  being  considerable; —  A  Company  of 
Men,  aided  by  a  few  artificers  from  Fort  Adams,  would  be  en- 
abled in  a  short  time,  to  erect  the  necessary  Buildings  and  I  pre- 
sume a  few  acres  of  Land,  and  the  necessary  materials,  such  as 
Timber,  Iron  &c,  (including  the  expence  of  hauling)  may  be  pro- 
cured for  a  sum  less  that  six  hundred  Dollars.  — 

I  shall  advise  with  the  Commanding  Officer  at  Fort  Adams, 
as  to  the  proper  Scite  for  these  works ; —  and  will  write  further 
upon  the  subject  by  the  nexy  Mail:  — I  shall  however,  cause  a 
small  Block  House  about  fourteen  feet  square,  to  be  raised,  to 
deposit  temporarily  the  arms,  that  are  to  be  sold  to  the  Militia; 
It  will  be  situated  about  four  hundred  yards  from  my  House,  and 
within  the  same  distance  of  the  Town  of  Washington,  the  present 
seat  (of)  Government  for  the  Territory. —  I  have  procured  the 
Timber  for  the  Block-House,  and  also  the  use  of  one  acre  of 
ground  gratis; —  But  should  the  Secretary  of  War  wish  the 
ground  to  be  conveyed  to  the  United  States,  the  owner  has  agreed 
to  do  so,  for  thirty  five  dollars. — 

The  arrangement  of  the  Militia  in  this  Territory,  receives  a 
great  share  of  my  attention; —  It  is  a  troublesome  undertaking 
but  I  shall  persevere,  until  I  effect  a  complete  organization. — 

I  have  not  yet  heard  of  the  arrival  of  the  Rifles  at  Orleans ; — 
It  is  my  intention,  to  dispose  of  the  Muskets  &  Rifles  for  cash, 


444  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

and  upon  such  Terms,  as  will  remunerate  the  United  States,  the 
original  Cost. — 

With  great  Respect 

and  sincere  Esteem 
I  am  Sir, 

your  Hble —  Servt — 
(Signed)     William  C.  C.  Claiborne 
The  Honble— 

Henry  Dearborn 

Secretary  of  War  for  the  U.S. 


To  James  Madison. 


Mississippi  Territory,  Town  of  Washington 

May  28th.  1802.— 
Sir, 

I  have  the  honor  to  enclose  you,  a  Manuscript  Copy  of  the 
Laws  passed  at  the  last  Session  of  the  Territorial  Legislature; 
There  being  at  present,  no  Secretary  in  the  Territory,  (Colo: 
Steele's  time  of  service  having  expired)  the  original  Laws,  are 
deposited  with  me  for  safe  keeping. — 

The  acts  passed  at  the  Session,  previous  to  the  last,  are  yet 
with  the  Printer;  but  I  hope,  the  publication  of  them,  will  be 
completed  in  the  course  of  next  week,  and  if  so,  I  will  transmit 
you  a  Copy,  by  the  next  Mail. — 
With  respect  &  Esteem. 
I  am  Sir, 

YourHble..  Servt: 


William  C.  C.  Claiborne 


The  Honble— 

James  Madison 

Secretary  of  State 
for  the  U.  States 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  445 

To  Gov.  Claiborne,  from  James  Madison. 

Department  of  State 

April  9th.  1802— 
Sir, 

I  herewith  enclose  your  Commission,  as  Governor  of  the 
Mississippi  Territory,  issued  in  consequence  of  the  Senate's  con- 
firmation of  your  appointment,1  and, 
have  the  honor  to  be 
Sir, 

your  obt.  Servt : 
(Signed)  James  Madison 

William  C.  C.  Claiborne 

Governor  of  the  Mississippi  Territory. — 


The  following  is  a  Copy  of  a  Commission. — 

THOMAS  JEFFERSON  President 
of  the  United  States  of  America, 
To  all  who  shall  see  these  presents, — G  r  e  e  t  i  n  g, 
KNOW    YE,   That  reposing  special  trust  and  confidence 
in  the  Patriotism,  Integrity  and  Ability  of  WILLIAM  C.  C.  CLAI- 
BORNE, of  Tennessee,  I  have  nominated,  and  by  and  with  the  ad- 
vice and  consent  of  the  Senate  do  appoint  him  GOVERNOR  in 
and  over  the  Mississippi  Territory; —  and  do  authorize  and  em- 
power him  to  execute  and  fulfil  the  duties  of  that  office  according 
to  Law; —  and  to  Have  and  to  Hold  the  said  Office,  with  all  the 
powers,  privileges  and  Emoluments  to  the  same  of  Right  apper- 
taining for  the  term  of  three  years  from  the  day  of  the  date 
hereof,  unless  the  President  of  the  United  States  for  the  time 
being  should  be  pleased  sooner  to  revoke  and  determine  this  com- 
mission. 

1  Gov.  Claiborne  was  appointed  on  confirmation  by  the  Senate  January 
26,  1802.  His  first  apopintment  of  May  25,  1801,  was  made  during  a  recess 
of  the  Senate. 


446  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

IN  TESTIMONY  WHEREOF,  I  have  caused  these  Letters  to 
be  made  Patent,  and  the  Seal  of  the  United  States  to  be  hereunto 
affixed. 

Given  under  my  Hand,  at  the  City  of  Washington,  the  Twenty 
Sixth  day  of  January  in  the  year  of  our  Lord,  one  thousand 
Eight  hundred  and  two;  and  of  the  Independence  of  the  United 
States  of  America  the  Twenty  Sixth. — 

(Signed)        THO:  JEFFERSON 

By  the  President, 

(Signed)      James  Madison  Secretary  of  State 


To  James  Madison. 

M.T.  Town  of  Washington  June  1st.  1802 
Sir, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  Letter 
of  the  9th —  of  April,  enclosing  me  a  Commission  as  Governor 
of  the  Mississippi  Territory,  issued  in  consequence  of  the  Sen- 
ate's confirmation  of  my  appointment. 

I  am  gratified  with  this  additional  proof  of  my  Country's 
confidence,  and  it  will  not  fail  to  excite  my  best  endeavours  to 
execute  with  propriety  the  trust  reposed  in  me. — 
I  am  Sir, 

very  respectfully 

your  mo :  Obt :  Hble  — Servt : 
(Signed)  William  C.  C.  Claiborne 

The  Honble— 

The  Secretary  of  State 

for  the  United  States. — 


To  Gov.  Claiborne,  from  Thomas  Jefferson. 

A  Copy  of  a  Letter  from  Thomas  Jefferson,  President  of  the 
United  States,  to  the  Governor  of  the  M.  T.  enclosing  his  answer 


GOVERNOR  WILLIAM  C.   C.   CLAIBORNE.  447 

to  an  address  from  the  House  of  Representatives,  of  the  M  Ter- 
ritory to  him ;  with  a  Copy  of  that  answer ;  &  a  copy  of  a  letter 
from  the  Governor  of  the  sd.  Territory,  to  the  President  in  an- 
swer to  the  one  above  mentioned. 

Washington,  April  3d.  1802. 
Dear  Sir, 

The  House  of  Representatives  "of  the  Mississippi  Territory 
"having  sent  through  your  hands  the  address  they  were  pleased 
"to  present  to  me,  permit  me  to  ask  permission  to  pass  the  an- 
"swer  through  the  same  Channel,  and  to  add  assurances  of  my 
"friendly  respect  &  high  Consideration. 

Th.  JEFFERSON 
His  Excellency 

W.  C.  C.  Claiborne 

"Governor  of  the  M.T." 


To  the  House  of  Representatives  of  the  Mississippi  Territory, 
from  Thomas  Jefferson,  President  of  United  States. 

"To  the  House  of  Representatives  of  the  Mississippi  Terri- 
tory."— 

"Gentlemen, 

"I  receive  with  Great  pleasure  the  address  of  your  honoura- 
ble house  of  the  20th —  of  January,  &  thank  you  for  the  senti- 
"ments  of  affection,  of  approbation,  &  of  confidence  which  it 
"expresses. 

"The  interesting  portion  of  our  country  which  you  occupy, 
"is  worthy  the  fostering  care  of  the  General  Government:  im- 
pressed with  a  full  sense  of  the  duties  I  owe  to  your  situa- 
tion, I  shall  not  fail  to  fulfil  them  with  solicitude  &  fidelity. 

"With  local  advantages  so  distinguished,  a  fertile  soil,  genial 
"climate,  and  precious  productions,  the  day  cannot  be  distant, 
"when,  strong  in  population,  and  rich  in  resources,  you  will,  by 


448  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"the  addition  of  your  wealth  &  strength,  amply  retribute  to  your 
"sister  states,  the  care  &  protection  under  which  you  will  have 
"been  nurtured,  nor  shall  we  doubt  your  assistance  in  fortifying 
"in  our  minds  a  strict  adherence  to  the  Constitution,  and  to  those 
"Republican  principles,  which  the  patriots  &  heroes  of  76  es- 
tablished &  consecrated. 

"I  pray  you  to  be  assured  of  my  fervent  wishes  for  your 
"safety  &  prosperity,  &  to  accept  the  homage  of  my  high  respect 
"&  consideration. 

"TH:    JEFFERSON 

"April  3d  1802." 


To  Thomas  Jefferson,  President  of  the  United  States. 

"Mississippi  Territory 
"Town  of  Washington,  June  1st 

1802 
"Dear  Sir, 

On  last  evening  I  received  your  letter  of  the  third  of  April, 
"enclosing  your  answer  to  an  address  from  the  House  of  Repre- 
sentatives of  this  Territory,  and  which  I  shall  with  great  pleas- 
ure, forward  to  the  Speaker  of  that  body. 
"With  assurances  of  my  highest  respect, 
I  have  the  honor  to  subscribe 
"myself, 

"yr  faithful  friend 

"&  mo:  obdt.  Hble:  Servt. 
(Signed)  "William  C.  C.  Claiborne 

"His  Excellency 

"Thomas  Jefferson 

"President  of  the  United  States." 


GOVERNOR   WILLIAM   C.   C.   CLAIBORNE.  449 

To  James  Scurlock. 

A  letter  from  the  Governor  to  Mr.  James  Scurlock,  of  Pinck- 
neyville 

"Town  of  Washington,  June  2d.  1802. 
"Sir, 

I  have  understood  that  you  have  lately  returned  from  the 
"Spanish  settlements,  and  that  your  family  are  not  entirely  free 
"from  the  contagion  of  the  Small  Pox:  If  this  is  the  case,  I 
"hope  you  will  immediately  remove  the  person  or  persons  in  your 
"family  affected,  without  the  Town  of  Pinckneyville,  to  some 
"retired  situation,  &  that  every  precaution  will  be  taken  by 
"you,  to  prevent  the  spreading  of  the  disease. —  This  is  your  duty 
"as  a  good  citizen,  &  I  enjoin  a  strict  performance. 

"There  is  a  Law  of  the  Territory  entitled  an  act  to  prevent 
"the  importation  and  spreading  of  the  Small  pox",1  which  pun- 
ishes with  fine  &  imprisonment  any  person  who  shall  wilfully 
"introduce  the  small  pox  into  our  settlement.  The  general  good 
"dictated  the  passage  of  this  Law;  and  suggests,  also,  the  pro- 
priety of  rigidly  enforcing  it. 

"With  respect 

"I  am,  Sir, 

"yr.  Hble :  servt. 

("Signed)       William  C.  C.  Claiborne." 

"James  Scurlock." 


Warrant  on  Treasurer. 

A  Warrant  in  favour  of  Edward  Turner  for  36  dolls,  on  the 
Treasurer  General  for  certain  services  rendered 

"To  Abner  Green  Esqr.  Treasurer  General  of  the  Mississippi 

"Territory ; 

"You  will  pay  to  Edward  Turner2  out  of  any  monies  which 
"may  be  in  the  Treasury,  thirty  six  dollars,  being  the  amount  of 

JAct  of  May  13,  1802. 

2  Clerk  of  the  House  of  Representatives,  who  was  distinguished  in  State 
Affairs.    Lynch's  "Bench  and  Bar  of  Mississippi,"  pages  84-87. 

29 


450  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

"the  compensation  allowed  him  by  me,  for  taking  several  manu- 
script copies  of  the  laws  passed  at  the  late  session  of  the  Legis- 
lature: and  for  so  doing,  this  instrument  of  writing  shall  be 
"your  sufficient  warrant. 

Seal      "Given  under  my  hand  &  seal  to  the  Town  of  Washington, 
this  2d.  day  of  June,  A.D.  1802. 

(Signed)  "William  C.  C.  Claiborne—" 


To  John  McKee. 

"Near  Natchez,  June  4th—  1802 
"Sir, 

Your  Communications  of  the  25th — of  April  and  20th  of  May 
"have  been  received;  and  I  thank  you  for  the  promptitude  with 
"which  you  commenced  an  enquiry  relative  to  the  killing  of  Mr. 
"Fitzgerald's  negroe;  It  is  important  that  the  murderer  should 
"be  known,  &  I  hope  you  will  endeavour  to  procure  such  infor- 
"mation  as  will  enable  you  to  state  to  me  with  certainty  the  name 
"of  the  fellow  who  committed  the  murder,  &  the  Town  to  which 
"he  belongs. 

"I  am  inclined  to  think  that  the  tale  of  the  Indian  who 
"says  he  was  stabed  in  the  back  by  a  white  man  without  any 
"previous  quarrel,  is  not  correct.  It  is  most  likely  to  have  been 
"the  result  of  a  drunken  frolick,  in  which  a  white  man  might 
"probably  have  been  a  party. 

"The  Citizens  of  Natchez  and  its  vicinity  are  not  at  this  time, 
"as  much  embarrassed  with  Indian  visits  as  formerly.  Of  late, 
"several  of  these  vagabond  fellows,  with  their  families,  who  had 
"become  so  troublesome,  have  retired  from  our  settlements;  but 
"many  others  still  remain ;  greatly  to  the  disturbance  of  the  good 
"people  of  this  Territory.  I  wish  that  this  great  inconvenience 
"could  be  remedied.  I  think  with  you,  that  the  people  of  Natchez 
"are  themselves  much  in  fault;  and  I  shall  endeavour  to  put  a 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  451 

"stop  to  the  practices  which  you  allude  to :  But  it  will  still  be  ad- 
visable for  you  to  impress  upon  the  minds  of  the  Choctaw 
"Chiefs  the  propriety  of  their  restraining  some  of  their  people 
"from  making  such  frequent,  unnecessary,  &  lengthy  visits  to 
"this  Territory. 

"The  tools  I  mentioned  to  you  in  a  late  letter,  are  now  in 
"Natchez.  I  expect  in  two  or  three  weeks  to  hear  from  the  Secre- 
tary at  War,  upon  the  subject  of  their  goods  But  if  in  the  mean 
"time  the  person  you  propose  sending  for  the  Chactaw  annuity, 
"should  arrive,  I  shall  commit  to  his  care  a  part,  and  probably 
"the  whole,  of  the  tools  to  be  distributed  under  your  direction. 

"In  a  letter  from  the  Secretary  at  War,  dated  on  the  23rd — 
"of  February  (a  copy  of  which  is  herewith  enclosed  for  your  in- 
formation and  instruction)  I  am  directed  "to  consider  myself 
"as  having  the  superintendence  of  all  business  relating  to  the 
"Indians  within  this  Territory";  and  in  future,  all  such  sub- 
"agents  as  may  be  appointed  by  the  President,  to  reside  among 
"the  Indian  Nations,  are  directed  to  correspond  with  the  Gov- 
"ernor  of  the  Territory,  in  which  they  may  be  placed,  and  com- 
"municate  generally  with  the  department  of  war,  thro'  that  chan- 
"nel;  and  to  consider  themselves  under  the  General  direction  of 
"the  Governor."  In  consequence  of  this  new  regulation,  the  gen- 
"eral  superintendance  of  the  Chactaw  Nation,  devolves  upon  me, 
"and  I  promise  myself  great  support  from  your  faithful  and  able 
"co-operation. 

"In  the  letter  from  the  Secretary  at  War,  your  duty  is  par- 
ticularly detailed.  The  report  which  is  directed  to  be  made 
"once  in  every  three  months,  I  will  thank  you  to  forward  to  me, 
"at  the  earliest  convenient  period;  it  will  acquaint  me  with  the 
"present  state  of  your  agency,  and  of  the  Chactaw  Nation;  &  I 


452  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"shall  then  be  the  better  enabled  to  forward  the  views  of  the 
"Government. 

With  assurances  of  great  respect 
&  esteem, 
I  am, 

Sir,  &c' 

William  C.  C.  Claiborne. 
P.S.    I  have  sent  you,  in  a  separate  packett,  a  news  paper, 
"which  contains  a  copy  of  the  late  act  to  regulate  Trade  &  inter- 
course with  the  indian  tribes,  and  to  preserve  peace  on  the 
"frontiers. 

"Colo.  John  McKee 

"Agent  in  the  Chactaws" 


To  Henry  Dearborn. 

Natchez,  10th.  June  1802. 
"Sir,  t, 

"Three  Hogsheads  &  three  Boxes  of  Ironmongery,  marked 
"U.  States,  Chactaw  Nation,"  being  the  same  which  I  have  men- 
tioned in  several  of  my  late  letters,  have  arrived  at  Natchez. 
"The  freight  &  charges  on  these  goods,  as  will  appear  by  the 
"vouchers  enclosed,  amounted  to  one  hundred  &  sixty  four  dol- 
lars—  for  which  sum,  I  have  this  day  drawn  a  Bill  upon  you 
"payable  at  five  days  sight,  to  Samuel  Postlethwait  &  Co.  or 
"order. — 

"With  great  respect 
"I  am, 
"Sir 
"yr  Hble.  Servt. 

"William  C.  C.  Claiborne" 
"The  Honble:  H.  Dearborn 

"The  Secretary  at  War" 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  453 

June  12th—  1802 

The  Governor  issued  a  warrant  upon  the  Treasurer  for  fifty 
two  dollars  in  favour  of  James  Patton,  being  the  sum  due  him  for 
his  services  as  a  marker  of  the  road  from  the  national  boundary 
line,  to  the  town  of  Natchez  as  appeared  by  an  account  which  he 
rendered,  and  a  certificate  signed  by  Hugh  Davis  &  John  Collins, 
two  of  the  Commissioners  for  laying  out  said  road. 


Address  to  Officers  of  Militia. 
June  21st.  1802 

"Gentlemen  officers  of  the  first 
"Regiment  of  Militia, 

"I  avail  myself  of  this  opportunity  to  offer  you  my  congratu- 
lations, on  your  entering  upon  the  duties  of  your  present  hon- 
ourable appointments,  and  to  express  my  entire  confidence  in 
"your  exertions  to  merit  the  trusts  respectively  committed  to 
"you. 

"The  importance  of  a  well  regulated  &  a  well  armed  militia 
"to  the  safety  of  this  Territory,  must  be  fully  impressed  upon 
"every  reflecting  mind;  and  that  every  good  citizen  will  unite 
"cordially  in  effecting  an  object  so  essential  to  the  general  good, 
"I  will  not  for  a  moment  permit  myself  to  doubt. 

"To  render  our  Militia  a  safe  rampart  of  defence,  order, 
"regularity,  and  a  proper  degree  of  military  discipline  must  be 
"introduced.  In  these  particulars  you  will  (probably)  find  the 
"regiment  to  which  you  are  annexed,  greatly  deficient,  But 
"relying  as  I  do,  upon  the  zeal  &  industry  of  the  officers,  the  do- 
cility &  obedience  of  the  privates,  &  above  all,  upon  the  pa- 
triotism of  this  community,  I  persuade  myself  that  the  time  is 
"not  distant,  when  every  citizen  of  this  Territory,  will  be  a 


454  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"soldier,  &  prepared  on  all  occasions,  to  defend  with  his  life,  his 
"country,  her  government  &  laws. 

"William  C.  C.  Claiborne" 


To  Gov.  Claiborne  from  Wm.  T.  McCormick. 

A  copy  of  a  letter,  from  William  T.  McCormick,  &  the  Gover- 
nor's answer. 

Natchez  22d.  June  1802. 
"Dear  Sir, 

"Inclosed  is  the  account  of  disbursements  I  have  made  for 
"the  small-pox  hospital  say  Doll  114  6V2-IOO.  —  If  found  right 
"would  be  much  obliged  to  you  to  annex  your  certificate. 

"Pardon  my  troubling  you  at  this  time,  I  should  not  have  so 
"immediately  done  it,  but  a  gentleman  to  whom  I  am  to  pay 
"money  has  an  arrangement  to  make  with  the  Treasurer,  and  this 
"receipt  can  probably  come  in  as  so  much  cash. 

"With  sentiments  of  great  respect 

"I  remain  your  obdt  Servt 

Wm-  T.  McCormick 

His  Excely : 

William  C.  C.  Claiborne 
"Governor  of  the  M.  T." 


To  Wm.  T.  McCormick,  Esq. 

June  22d.  1802 
"Dear  Sir, 

"I  have  enclosed  you  a  warrant  upon  the  Treasurer  for  the 
"amount  of  your  Bill. 

"I  take  this  occasion  to  acknowledge  my  obligations  to  you, 

"for  the  care  &  humanity  which  marked  your  attention  to  the 

"hospital  camp,  &  to  assure  you  of  my  respect  &  regard. 

"William  C.  C.  Claiborne 
"Wm-  T.  McCormick  Esqr." 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  455 

Pardon  to  George  Rapalje. 

"By  William  C.  C.  Claiborne 
"Governor  of  the  Mississippi  Territory 
"To  all  who  shall  see  these  presents, 
"Greeting; 

"Whereas  at  a  Supreme  Court  of  Law  held  in  &  for  the 
"County  of  Adams,  in  the  Territory  aforesaid,  on  the  second 
"monday  in  October  in  the  year  1800,  present  the  honorable  Seth 
"Lewis,  chief  Justice  of  the  Said  Territory,  &  the  honorable 
"Peter  Bryan  Bruin,  second  Judge  thereof,  then  &  there  possess- 
ing authority  to  hold  said  Court  &  to  hear  &  determine  all  man- 
"ner  of  felonies  &  other  crimes  &  misdemeanors  committed 
"against  the  peace  &  dignity  of  the  United  States  &  of  this  Terri- 
tory, and  of  the  laws  thereof  within  the  same  Territory. 

"And  Whereas  the  Jurors  of  the  said  United  States  in 
"and  for  the  sd.  County  of  Adams,  then  &  there  attending  the 
"Supreme  Court  aforementioned,  &  being  duly  sworn  on  their 
"oaths  did  present  that  George  Rapalje  late  of  the  said  County 
"on  the  13th.  day  of  September  in  the  year  1800  at  the  County  of 
"Adams  in  &  upon  the  body  of  a  certain  John  Cotty  then  & 
"there  being,  an  assault  did  make,  and  that  he  the  said  Rapalje 
"with  a  certain  dagger  which  he  then  &  there  held,  the  said  John 
"Cotty,  feloniously,  wilfully,  &  of  his  malice  aforethought  did 
"strike  &  thrust,  giving  to  the  said  John  Cotty  with  the  dagger 
"aforesaid  one  mortal  wound  of  which  the  said  John  Cotty,  then 
"&  there  instantly  died,  whereupon  the  Jurors  aforesaid,  upon 
"their  oaths  aforesaid  did  say  that  the  said  George  Rapalje:  the 
"said  John  Cotty  in  manner  &  form  aforesaid,  feloniously,  wil- 
"fully,  &  of  his  malice  aforethought  did  kill  &  murder,  against  the 
"statute  in  that  case  made  &  provided,  and  against  the  peace  & 
"dignity  of  the  United  States  &  of  this  Territory. — 

"And  Whereas  the  said  George  Rapalje  being  thereupon 
"arraigned  &  having  pleaded  that  he  was  not  guilty:  issue  was 


456  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"then  joined  in  due  form  of  law,  &  thereupon  came  a  jury  of  good 
"&  lawful  men  who  being  elected  &  sworn  the  truth  to  say,  and 
"upon  the  premises  aforesaid,  upon  their  oaths  did  say  that  "The 
"prisoner  is  not  guilty  of  the  murder  aforesaid,  as  above  charged 
"upon  him,  but  that  the  said  George  Rapalje  is  guilty  of  the 
"felonious  slaying  of  the  aforesaid  John  Cotty,"  all  which 
"will  more  fully  appear,  reference  being  had  to  the  proceedings  in 
"this  case  yet  remaining  of  record  among  the  Rolls  &  Records 
"of  the  aforesaid  Court. 

"And  Whereas  a  petition  signed  by  a  great  number  of 
"very  respectable  Inhabitants  of  this  Territory  has  been  pre- 
sented to  me,  recommending  the  said  George  Rapalje  as  an 
"object  of  mercy  &  praying  for  a  pardon  in  his  behalf: 

"NOW  THEREFORE  KNOW  YE  that  having  considered 
"the  prayer  of  the  aforesaid  petitioners,  I  have  thought  proper  to 
"extend  mercy  to  the  said  George  Rapalje  and  by  virtue  of  the 
"power  &  authority  in  me  vested  as  governor  of  the  aforesaid 
"Territory,  I  do  by  these  presents  pardon  &  consign  to  oblivion 
"the  offence  aforesaid,  whereof  the  said  George  Rapalje  stands 
"convicted  as  aforesaid :  Provided  nevertheless  and  BE 
"IT  REMEMBERED,  that  these  presents  are  granted  upon  the 
"following  expressed  conditions,  to  wit,  That  "Before  the  said 
"George  Rapalje  shall  be  allowed  to  take  benefit  of  these  presents, 
"he  the  said  George  shall  before  the  Judges  of  the  Superior  Court 
"of  law  for  the  District  of  Adams  in  open  Court,  or  before  one 
"of  the  Judges  of  the  same  out  of  Term,  become  bound  in  a 
"Recognizance  to  the  Governor  of  the  Mississippi  Territory  and 
"his  successors  in  office,  himself  the  said  George  Rapalje  in  the 
"sum  of  two  thousand  dollars,  and  two  sufficient  securities  in  the 
"sum  of  five  hundred  dollars  each,  with  condition  that  the 
"said  George  Rapalje  shall  keep  the  peace,  and  be  of  good  be- 
"haviour  towards  all  the  good  people  of  this  Territory,  and  all 
"others  being  therein,  for  and  during  the  period  of  five  years,  to 
"begin  &  be  computed,  from  the  day  of  the  date  of  these  presents : 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  457 

"Provided  also,  and  the  true  intent  &  meaning  hereof 
"is,  that  if  within  the  aforesaid  term  of  five  years  the  said  George 
"shall  commit  any  breach  of  the  conditions  of  these  presents, 
"or  of  the  conditions  of  the  recognizance  hereby  required,  then 
"this  pardon  shall  cease  &  be  utterly  null  &  void  to  all  intents 
"&  purposes. 

"Given  under  my  hand  and  the  seal  of  the  Territory  at  the 
"town  of  Washington  on  the  22d.  day  of  June,  in  the  year  of 
"our  lord,  one  thousand  eight  hundred  &  two." 

"William  C.  C.  Claiborne" 


To  Gov.  Claiborne,  from  Wm-  E.  Huling. 

"New  Orleans,  12th.  June  1802. 
"Sir, 

"The  goods  mentioned  in  the  inclosed  letter  &  bill  of  lading 
"have  arrived.  I  have  entered  them  for  deposit,  and  as  soon  as 
"they  are  landed,  shall  store  them  until  I  receive  your  com- 
"mands. 

"Permit  me  to  offer  you  my  services  in  whatever  may  contri- 
"ute  to  the  public  good,  or  to  your  personal  interest,  and  to 
"assure  you  of  my  respect. 
"I  am 

"Sir 

"yr.  mo:  obdt  Servt  &c. 
"His  Excelly.  "Wm.  E.  Hulings 

"Governor  Claiborne." 


To  Wm.  E.  Huling. 

"Natchez  June  26th.   1802. 
"Sir, 

"Your  letter  of  the  12th —  Inst :  together  with  its  enclosure, 

"have  been  received. 


458  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"I  will  take  early  measures  to  transport  the  goods  mentioned 
"in  the  Bill  of  lading  to  Natchez;  and  in  the  mean  time  I  am 
"pleased  that  they  are  committed  to  your  care. 

"I  shall  occasionally  avail  myself  of  your  good  offices  at  Or- 
leans, and  I  pray  you  to  be  assured  of  the  pleasure,  with  which 
"I  would  render  you  any  service,  in  my  power. 
"I  am 
"Sir, 

"very  respectfully 
"yr  obdt  Servt. 
"The  Honble:  "William  C.  C.  Claiborne 

"Wm.  E.  Hulings" 

*  Memorandum,  the  goods  mentioned  in  the  bill  of  lading, 
were  five  hundred  rifle  guns,  packed  in  forty  nine  chests. 


To  John  McKee. 

Near  Natchez,  June  29th.  1802. 
"Dear  Sir, 

"The  bearer  Andrew  Bracken  a  citizen  of  the  U.  States,  visits 
"the  Chactaw  nation,  in  order  to  recover  some  horses  and  other 
"property  of  which  he  was  robbed  by  a  party  of  Indians  (sup- 
posed to  be  Chactaws)  on  the  road  leading  from  Tennessee  to 
"this  Territory. 

"You  will  be  pleased  to  give  Mr  Bracken  all  the  assistance 
"in  your  power;  &  if  it  should  appear  that  the  Robbery  was 
"commited  by  Chactaws  I  request  you  to  impress  upon  the  Chiefs 
"the  propriety  &  necessity  of  punishing  the  offenders. 

"This  is  the  first  outrage  since  the  Treaty  at  Fort  Adams, 
"and  if  the  Chiefs  should  cause  the  offenders  to  be  severely  pun- 
"ished;  it  will  probably  be  the  last;  but  if  this  act  of  aggression 
"should  pass  unnoticed,  it  will  invite  others,  and  the  traveller 
"will  have  no  security. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  459 

"The  paper  enclosed  (which  is  a  true  copy  of  an  original 
"deposition,  now  on  file  in  my  office)  will  shew  you  the  amount 
"of  Mr.  Bracken's  loss,  and  describes  particularly  the  property 
"plundered. 

"Will  you  present  to  the  Chiefs  my  best  wishes;  &  assure 
"them  of  my  great  solicitude  for  the  happiness  &  prosperity  of 
"the  Chactaw  nation. 

"With  respect  &  esteem, 
"I  am, 

"Dear  Sir 

yr.  Hble:  Servt. 

William  C.  C.  Claiborne 
"Colol.  John  McKee 

"agent  for  the  U.  S.  in  the  Chactaw  Nation." 


To  Gov  Claiborne,  from  Henry  Dearborn. 

War  Department,  May  24th—  1800. 
"Sir, 

"I  have  the  honor  to  acknowledge  the  receipt  of  your  Excel- 
lency's letter  of  the  seventh  ultimo,  together  with  copies  of 
"correspondence  relative  to  the  goods  for  the  use  of  the  Chactaw 
"Indians ;  enclosed  you  will  receive  a  copy  of  the  Invoice  of  these 
"goods  Shipped  from  Philadelphia  in  October  1800. 

"As  soon  as  Mr.  Dinsmoor1  (the  agent  to  the  Choctaws) 
"shall  arrive  in  the  nation  you  will  please  to  take  measures  in 
"conjunction  with  him,  to  have  these  goods  delivered  as  orig- 
inally intended.  The  expenses  incurred  will  be  paid  on  your 
"draft  being  presented  at  this  Department. 

1  Silas  Dinsmore,  agent  to  the  Choctaws. 


460  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

"Please  to  accept  my  thanks  for  your  prompt  attention  to 
"this  business,  and  am  with  great  respect 

"yr.  Excellency's 

"mo:  obdt.  Servant 
"His  Excellency  H.  Dearborn 

"William  C.  C.  Claiborne" 


To  Henry  Dearborn. 

Near  Natchez,  June  29th —  1802. 
"Sir, 

"I  have  received  your  letter  of  the  24th —  ultimo  covering  an 
"invoice  of  certain  Indian  goods,  which  were  Shiped  from  Phil- 
adelphia in  October  1800.  These  goods  are  now  at  Natchez; 
"and  shall  be  forwarded  with  care  to  the  Chactaws,  as  soon  as 
"I  learn  of  Mr.  Dinsmoor's  arrival  in  the  nation. 

"It  is  expedient  to  carry  into  effect  at  an  early  period,  the 
"third  article  of  the  late  Treaty  between  the  U.  States  and  the 
"Choctaw  nation,  which  provides  "that  the  line  of  demarcation 
"which  was  formerly  established  between  the  officers  of  his 
"Britanic  majesty,  and  the  Chactaw  nation,  which  runs  in  a  par- 
allel direction  with  the  Mississippi  river,  and  eastward  thereof 
"shall  be  retraced  and  plainly  marked;  The  particular  course  of 
"this  line  in  its  whole  extent  is  little  known,  and  the  interest  of 
"both  parties,  requires  that  it  should  be  ascertained  with  cer- 
"tainty. 

"On  the  14th —  of  this  month,  a  man  of  the  name  of  Bracken 
"who  was  removing  with  his  family  to  Natchez,  was  robbed  of 
"several  horses  &  other  property  by  a  party  of  Indians  (supposed 
"to  be  Choctaws)  on  the  road  leading  from  Tennessee  to  this 
"Territory :  On  this  morning  I  dispatched  Bracken  to  the  nation 
"with  a  letter  to  the  agent,  (of  which  the  enclosed  is  a  copy) 
"and  I  flatter  myself  that  the  stolen  property  will  be  returned, 
"&  the  offenders  punished. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  461 

"I  have  not  yet  been  enabled,  in  conjunction  with  the  com- 
"manding  officer  of  Fort  Adams  to  select  a  scite  for  the  erection 
"of  a  Garrison,  central  to  the  population  of  this  Territory.  The 
"new  organization  of  the  Troops  has  for  a  few  weeks  past,  con- 
"fined  the  commanding  officer  of  Fort  Adams  at  that  post:  In 
"the  course  of  next  week,  however,  I  expect  Captn.  Sparks,1 
"(the  officer  commanding)  at  my  house;  and  we  will  then  pro- 
ceed to  select  a  scite,  and  to  make  other  necessary  arrangements, 
"of  which  you  shall  be  immediately  notified. 

"In  a  letter  from  Mr.  Hulings  of  New  Orleans,  dated  on  the 
"12th.  Inst:  I  am  informed  of  the  arrival  at  that  port  of  the 
"five  hundred  rifles,  which  you  advised  me  of  in  your  letter  of 
"the  10th.  of  march  last :  I  shall  take  measures  for  the  transpor- 
tation of  these  guns  to  Natchez  and  will  dispose  of  them  in 
"conformity  to  the  instructions  I  have  heretofore  received 
"With  great  respect,  &  sincere 
"esteem, 
"I  am 
"Sir, 

"Yr.  mo:  ob:  Hb:  servt. 
"The  Honble:  "William  C.  C.  Claiborne. 

"H.  Dearborn,  Secretary  at  War. 


Letter  to  Sheriffs. 


The  Governor  addressed  a  letter  (of  which  the  following  is 
a  copy)  to  the  Sheriffs  of  each  County : 

"Town  of  Washington  June  30—  1802 
"Sir, 

"The  acts  passed  at  the  late  Sessions  of  the  Legislature  not 
"being  printed,  I  enclose  you  a  manuscript  copy  of  the  election 
"law,  together  with  an  extract  from  the  ordinance,  prescribing 
"the  qualifications  of  the  voters. 

1  Captain  Richard  Sparks. 


462  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"The  law  points  out  your  particular  duty,  as  also  the  manner 
"of  appointing  inspectors  of  the  election. 

"It  will  be  highly  proper  to  advertise  at  several  of  the  most 
"public  places,  in  your  county,  the  time  &  place  of  holding  the 
"election;  or  otherwise,  a  general  information  thereof  may  not 
"be  communicated. 
"I  am, 
"Sir, 

"Very  respectfully 
Yr.  Hble:  Servt. 

"William  C.  C.  Claiborne." 


To  Henry  Dearborn. 

"Near  Natchez,  June  30th—  1802. 
"Sir, 

"I  enclose  you  a  letter  which  I  have  this  day  received  from 
"a  Mr.  John  Callier  of  Washington  County  in  this  Territory,  a 
"Major  in  the  Militia,  and  a  Member  of  the  Washington  County 
"Court. 

"If  the  Chactaws,  (as  Mr.  Callier  states)  should  be  disposed 
"to  part  with  any  of  their  land  on  the  waters  of  the  Tombigbee, 
"it  would  be  a  great  accommodation  for  our  citizens  in  that  quar- 
"ter  to  make  a  purchase ;  and  I  am  certain  that,  if  the  purchase 
"money  should  not  be  very  considerable  it  would  be  speedily  re- 
imbursed by  a  Sale  of  the  lands :  for  the  emigration  to  the  Tom- 
"bigbee  has  of  late  greatly  increased ;  and  if  the  bounds  of  that 
"District  were  enlarged,  there  is  no  doubt  but  it  would  in  a  short 
"time  become  a  strong  &  compact  settlement. 

"The  Spanish  record  of  which  Mr.  Callier  speaks,  may  be 
"an  important  paper.  If  his  information  be  correct  the  claim 
"of  the  Indians  to  certain  lands  which  they  at  present  hold,  will 
"be  found  to  have  been  justly  extinguished. 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  463 

"The  situation  of  our  citizens  on  the  Tombigbee  is  indeed 
"unpleasant;  Their  numbers  do  not  exceed  twelve  hundred  of  all 
"descriptions ;  nor  will  the  present  bounds  of  Washington  County 
"admit  of  much  greater  population.  These  few  citizens  are 
"separated  from  Natchez  by  an  Indian  Country  of  near  250  miles 
"in  extent;  surrounded  on  all  sides  by  savages,  and  might  be 
"cut  off  before  information  of  their  distress  could  reach  any 
"other  county  in  this  Territory. 
"I  am 
"Sir, 

"very  respectfully 

"Yr.  Hble:  Servt. 

W.  C.  C.  Claiborne. 
"The  Honble: 

"Henry  Dearborn 

"Secretary  of  War." 


To  Gov.  Claiborne,  from  James  Madison. 

Department  of  State,  May  11th —  1802. 
"Sir 

"Your  several  letters  from  Novr.  24th —  to  the  6th —  of 
"March  last,  have  been  successively  received. 

"Such  of  them  as  fell  within  the  purview  of  the  War  Depart- 
ment were  communicated  to  General  Dearborn,  who,  I  have 
"reason  to  believe,  has  bestowed  on  the  subjects  recommended  a 
"favorable  attention. 

"I  Inclose  the  opinion  of  the  Attorney  General  in  the  case 
"where  you  wished  it.  Altho'  the  phraseology  used  by  him  does 
"not  refer  to  the  technical  distinction  between  a  chancery  and 
"common  law  Jurisdiction,  the  former  having  no  distinct  es- 
tablishment in  the  Eastern  States,  yet  you  will  find  your  idea 
"justified  that  equity  can  always  relieve  against  fraud. 

"It  is  to  be  regretted  that  so  much  violence  and  vicissitude 
"as  you  describe  should  afflict  the  inhabitants  of  a  settlement, 


464  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"which  both  in  its  infant  and  frontier  character,  more  partic- 
ularly needs  the  advantages  of  concord  and  stability.  We  rely 
"much  for  a  remedy  on  your  patriotic  dispositions  and  prudent 
"counsels,  which  as  they  develope  themselves  cannot  fail  to  in- 
spire the  well  meaning  with  confidence  &  to  repress  the  activity 
"of  others. 

"I  cannot  yet  give  you  any  final  information  whether  the 
"Spaniards  are  to  remain  your  neighbours,  or  are  to  exchange 
"that  character  with  the  French.  It  seems  certain  that  a  trans- 
fer of  Louisiana  was  stipulated  to  the  latter.  Whether  they 
"will  be  diverted  from  the  object,  or  abandon  it  of  themselves 
"as  their  true  interest  would  advise,  remains  for  time  to  ex- 
"plain. 

"Congress  adjourned  on  Monday  the  3d.  Inst.     As  soon  as  the 
"laws  of  the  Session  shall  be  ready,  a  copy  will  be  forwarded  to 
"you.     The  course  of  their  proceedings  will  have  come  to  your 
"knowledge  through  the  newspapers,  a  file  of  the  latest  of  which 
"is  herewith  enclosed.     I  hope  that  in  future  you  will  receive 
"them  more  regularly,  thro'  the  ordinery  channel. 
"With  sentiments  of  great  respect  &  esteem 
"I  have  the  honor  to  be,  Sir,  yr.  mo: 
"obdt.  servt. 

"His  Excellency  "James  Madison 

"William  C.  C.  Claiborne  Esqr. 
"Governor  &c." 


Opinion  of  Attorney-General. 

The  opinion  of  the  attorney  General  alluded  to  in  the  above 
letter. 

"Washington,  March  26th—  1802. 
"Sir, 

"In  answer  to  your  communications  as  contained  in  the  letter 
"of  the  attorney  General  of  the  Mississippi  Territory,  enclosed 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  465 

"by  Governor  Claiborne,  respecting  claims  to  vacant  lands  in 
"that  Territory.  I  can  state  little  more  than  general  principles, 
"and  a  loose  opinion  on  the  decided  cases. 

"It  does  not  appear  from  the  letters  what  were  the  pleadings 
"in  the  action,  in  which  evidence  of  fraud  in  the  dating  of  a 
"deed  was  excluded ;  what  was  particularly  in  issue ;  why  it  was 
"done;  whether  it  was  from  the  idea  that  the  evidence  was  not 
"of  the  proper  kind ;  or  the  best  which  the  nature  of  the  transac- 
"tion  admitted  of ;  or  that  the  witnesses  were  considered  incompe- 
"tent  from  being  interested  in  the  question  or  in  the  cause. 

"Nothing  can  be  clearer  than  that  all  grants  made  by  the 
"Spanish  Government,  after  the  ratification  of  the  treaty  by 
"which  the  land  was  ceded  to  the  United  States  are  void."  A 
"claimant  who  had  in  fact  obtained  a  patent  or  a  title  before 
"that  time  under  the  Spanish,  or  since  under  the  American  Gov- 
ernment, can  alone  hold  by  his  grant.  There  being  no  question 
"of  a  right  by  mere  possession  in  the  way,  and  indeed  such  a  right 
"to  vacant  lands  can  never  exist  against  Government.  The  only 
question  is,  When  was  the  patent  granted?  not  when  was  it 
"dated,  or  what  is  its  date?  The  delivery  of  a  deed  is  a  consum- 
mating act,  by  which,  and  from  the  time  of  which,  it  takes  effect 
"and  operates.  Its  delivery  may  be  before  or  after  its  date. 
"An  anti-date,  a  subsequent,  or  no  date  is  material,  only,  as  proof 
"of  a  delivery,  until  which  there  can  be  no  deed.  But  prima 
"facie,  every  deed  shall  be  intended  to  be  delivered  on  the  day  of 
"its  date,  and  to  be  made  fairly  and  in  good  faith.  These  pre- 
sumptions are,  however,  controlable  by  proof.  The  execution  of 
"all  deeds  must  be  proved,  if  their  validity  is  questioned  any  evi- 
dence which  will  shew  any  of  their  essential  parts  to  be  differ- 
ent from  what  they  are  presumed  to  be,  and  in  favour  of  a  third 
"person  must  be  admissible.  Delivery  is  a  matter  in  the  Country 
"&  an  indispensible  requisite  to  be  established  by  evidence  for- 
eign from  the  date  of  the  deed,  or  any  thing  contained  in  it. 
"There  is  a  difficulty  in  conceiving  how  evidence  to  this  point 

30 


466  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"could  be  excluded  by  the  Supreme  court.  The  Warrant  of  sur- 
veys, petition,  certificates,  &  plats,  under  the  Spanish  Govern- 
"ment,  and  which  are  said  to  be  in  the  offices  in  New  Orleans,  can 
"be  of  no  use,  but  to  shew  the  real  time  of  a  patents  being 
"granted.  Where  there  are  interfering  grants,  and  the  question 
"is,  which  was  first  made;  or  when  they  were  respectively 
"made,  and  there  is  no  registry  or  record  to  decide  it  by,  nor 
"any  statute  mode  of  ascertaining  the  matter,  the  grestest  lati- 
tude should  be  given  for  the  admission  of  evidence,  and  espe- 
cially in  suppression  of  fraud. 

"If  it  should  be  necessary  to  procure  evidence  in  possession 
"of  the  Spanish  Government,  I  should  suppose  an  application 
"by  a  party  interested,  or  by  the  Governor  of  the  Territory, 
"would  be  abundantly  suffucient  for  that  purpose.  A  line  from 
"the  Spanish  minister  at  this  place  on  the  subject  may  be  use- 
"ful.  His  Government  will  not  hesitate  to  aid  in  the  detection  of 
"fraud,  and  none  will  pretend  that  a  Spanish  grant  of  land,  after 
"their  right  to  it  ceased,  or  a  subsequent  deed,  with  a  prior  date, 
"can  be  good  against  a  person,  claiming  under  a  prior  deed,  or 
"a  rightful  grant. 

"Mention  is  made  of  an  action's  being  brought  by  one  Green 
"against  the  United  States  for  the  recovery  of  public  lands  & 
"buildings,  and  in  which  after  a  verdict  for  the  demandant,  a  new 
"trial  has  been  granted.  It  is  not  perceived  how  an  action  could 
"be  brought  against  the  U.  States.  It  may  have  been  against  an 
"individual  possessing,  or  claiming  to  possess  under  them.  As  no 
"case  is  stated,  I  do  not  see  how  government  can  be  bound  by  any 
"verdict  which  may  be  given  in  the  case,  nor  can  I  give  any  opin- 
ion on  the  subject. 

"I  am  Sir  most  respectfully 

"yr  mo:  ob:  Servt. 


Levi  Lincoln 


"TheHonble: 

"James  Madison  Esqr. 
"Secretary  of  State." 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  467 

The  Governor's  Answer. 

"Near  Natchez,  June  31st —  1802. 
"Sir, 

"By  the  last  mail  I  was  honoured  with  the  receipt  of  your 
"letter  of  the  11th.  ult:  enclosing  me  the  attorney  General's 
"opinion  in  the  case  I  had  solicited  it. 

"The  Spanish  Governor  was  extremely  liberal  in  his  dona- 
tions, after  the  promulgation  of  the  treaty  between  the  United 
"States,  and  Spain,  and  there  is  no  doubt  but  many  tracts  of 
"land  in  this  District  are  claimed  by  antidated  grants ;  and  I  be- 
"lieve  the  fraud  may  be  proved  without  any  difficulty. 

"The  compromise  between  the  U.S.  and  Georgia  is  pleasing  to 
"most  of  the  citizens  in  this  quarter.1  The  terms  are  just  and  lib- 
"eral ;  and  I  sincerely  hope  they  may  be  acceded  to  by  Georgia : 
"if  so,  and  an  office  should  be  speedily  opened  for  the  sale  of 
"vacant  lands,  and  the  terms  of  sale  moderate,  this  Territory 
"will,  in  a  few  years  become  strong  in  population. 

"Our  present  neighbours  the  Spaniards  are  truly  friendly; 
"and  I  flatter  myself  that  if  the  French  should  possess  Louisiana, 
"with  them  also,  we  shall  remain  upon  a  good  understanding;  but 
"I  must  confess  I  should  regret  the  exchange. 

"In  the  course  of  the  negociations  among  the  great  nations 
"of  the  Earth  for  Territory,  I  wish  to  God  the  U.  States  could 
"possess  themselves  of  East  &  West  Florida,  including  the  Island 
"of  Orleans.  The  bounds  of  our  Country  would  then  be  suffi- 
ciently extensive,  and  the  chain  of  the  American  Union  rendered 
"too  strong  to  be  weakened  for  several  centurys. 

"With  every  Sentiment  of  esteem  & 
"respect, 

"I  have  the  honor  to  be  Sir, 
"yr.  mo :  ob :  Hb :  Servt. 

William  C.  C.  Claiborne 

The  Honble 

James  Madison,  Secretary  &c 

'Act  of  April  24,  1802,  by  which  Georgia  ceded  to  the  United  States  title 
to  lands  claimed  by  both. 


468  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Appointments  during  April,  May  &  June,  1802. 

July  1st.  1802. 

In  JEFFERSON  COUNTY. 


William  Erwin, 
William  Shaw, 
Jesse  Weathers, 
Henry  Mannadell, 
John  Dennis,  & 
Abner  Pipes, 


Justices  of  the  peace,  & 
Justices  of  the  County 
Court. 


In  ADAMS  COUNTY. 

Philander  Smith-  *         Declined 

John  Henderson 

Joseph  Erwin 

Joseph  Sessions  Justlces  of  the  p 

William  Darby  and  justices  of 

Abner  Green  \         the  County  Court. 

Walter  Burling  -   & 

Samuel  Boid 


In  CLAIBORNE  COUNTY. 


James  Harman 


a  Justice  of  the  peace,  & 
a  Justice  of  the  County  ct. 


In  WILKINSON  COUNTY: 


Joseph  Pannell 
Joseph  Johnson,  & 
Reison  Webster 


Justices  of  the  peace 
&  Justices  of  the 
County  Court 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  469 


Thomas  Green  Senr. 


Treasurer  for  Jefferson 
County — 


John  Brooks —  Sheriff.       >        for  Jefferson 
William  Moss — Coroner      J        County. 


For  Militia  appointments  during  the  last  three  months,  ref- 
erence may  br  had  to  the  office  of  the  Brigade  Inspector,  where 
they  are  duly  recorded. 


To  Richard  Sparks. 

"Town  of  Washington,  July  1st.  1802. 
"Dr.  Sir 

"Some  time  since,  a  small  detachment  of  Troops  under  the 
"command  of  Lieutenant  Williams  was  ordered  to  Washington, 
"to  assist  in  erecting  a  small  Block-house,  for  the  reception  of 
"some  public  arms,  intended  to  be  sold  out  to  the  Militia  of  this 
"District.  But  before  the  work  was  completed,  the  detachment 
"returned  to  Fort  Adams  to  meet  the  new  organization  of  the 
"army. 

"I  hope,  Sir,  that  the  troops  are  now  so  arranged,  that  you 
"can,  without  injury  to  the  service,  immediately  detach  a  subal- 
tern officer,  and  a  party  of  men  to  this  town,  in  order  that  the 
"work  may  be  completed,  which  Lieutenant  Williams  had  com- 
"menced. 

"I  will  thank  you  to  send  with  the  detachment,  the  tools 
"necessarily  used  in  erecting  a  block-house: —  I  presume  they 
"may  be  spared  from  the  Quarter  Master's  Store. 

"The  commanding  officer  at  Fort  Adams  has  heretofore  been 
"instructed,  by  the  Secretary  at  War,  to  deliver  to  my  order,  three 
"hundred  stand  of  Muskets:-  these  arms  have  not  yet  been 
"called  for,  because  I  had  no  safe  place  to  deposit  them;  but  for 


470  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"the  immediate  accommodation  of  some  of  the ,  Militia,  I  wish 
"you  would  forward  by  the  detachment  sixty  stand,  and  upon 
"their  arrival,  I  will  enclose  you  a  receipt  for  the  same. 
"With  great  respect, 

"  I  am  Sir, 

yr.  Hble:  Servt. 

"William  C.  C.  Claiborne. 
"Captn.  Richard  Sparks 

"Commanding  officer  at  Fort  Adams." 


To  the  Comptroller  of  the  Treasury. 

Copy  of  a  letter  from  the  Governor  to  the  Comptroller  of  the 
Treasury. 

July  1st  1802  near  Natchez; 
"Sir 

"I  have  the  honor  to  enclose  you  the  account  of  Saml.  Postle- 
"thwait  &  Co.  for  stationary  furnished  my  office,  during  the  last 
"six  months.  The  charges  are  such  as  are  customary  in  this 
"town ;  &  I  have  therefore  paid  the  bill.  If  this  account  should  be 
"passed  by  the  accounting  officers  of  the  Treasury,  I  will  thank 
"you  to  advise  me  thereof. 

"With  respect  &  Esteem 

"yr.  Hble  Servt. 

"William  C.  C  Claiborne 

"To  the  Comptroller  of  the  Treasury  " 

The  account  of  Mr.  Postlethwait  amounted  to  thirty  seven 
dollars. 


To  Richard  Sparks. 

"Near  Natchez,  July  6th—  1802. 
'Sir 

"In  a  late  letter  from  the  Vice-Consul  of  the  United  States 
'at  New  Orleans,  I  am  informed  of  the  arrival,  at  that  port,  of 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  471 

"five  hundred  rifle  guns,  forwarded  to  him  by  the  Secretary  at 
"War,  with  instructions  to  deliver  them  to  my  order. 

"To  save  the  expense  of  storage  &c  at  New  Orleans,  and  to 
"enable  me  to  dispose  of  those  arms  agreeably  to  the  wishes  of 
"our  Government,  I  am  desirous  that  they  should  be  speedily  con- 
"veyed  to  Natchez :  but  I  believe  it  cannot  well  be  done  without 
"your  agency  and  assistance. 

"Will  you  therefore  be  good  enough  to  send  a  confidential 
"non-commissioned  officer  and  a  few  men,  in  a  boat  to  New  Or- 
leans to  receive  the  riffes,  &  convey  them  to  Natchez.  If  the 
"boat  you  may  dispatch  should  not  be  sufficiently  large  to  con- 
tain all  the  arms,  the  balance  may  be  be  forwarded  by  some 
"other  opportunity. 

"The  enclosed  letter  to  Mr.  Hulings,  you  will  be  pleased  to 
"forward,  accompanied  with  an  order  from  you  for  the  whole  of 
"the  rifles,  or  such  number  as  the  boat  can  safely  carry. 
"With  great  respect, 
"lam 

"Sir 
"yr.  Hble.  Servt. 

"William  C.  C.  Claiborne. 
"Captn.  R.  Sparks 

"Commanding  officer  at  Fort  Adams" 


To  William  E.  Huling. 

Natchez,  July  6th —  1802. 
"Sir, 

"This  letter  will  be  forwarded  to  you  by  the  Commanding 
"officer  at  Fort  Adams,  who  sent  a  small  command  to  New  Or- 
leans, to  receive  the  goods  lately  shipped  from  Philadelphia,  di- 
rected to  your  care,  and  to  be  delivered  to  my  order. 


472  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

"I  fear  the  boat  which  Captn.  Sparks  dispatches,  will  not 
"be  sufficiently  large  to  convey  the  whole  of  the  boxes  of  rifle 
"guns:  If  so,  I  will  thank  you  to  deliver  to  the  order  of  Captn. 
"Sparks  such  number  as  you  may  suppose  the  boat  can  safely 
"carry,  and  the  balance  you  will  be  pleased  to  send  on  by  some 
"other  conveyance.  I  have  understood  that  a  public  Schooner, 
"loaded  with  cloathing,  is  shortly  expected  at  Fort  Adams — 
"Perhaps  this  vessel  may  call  at  Orleans,  and  it  will  be  convenient 
"for  her  to  take  in  any  remaining  boxes.  If  so,  a  conveyance 
"in  that  vessel  will  be  preferred :  but  otherwise,  I  must  solicit  you 
"to  embrace  some  private  opportunity. 

"The  costs  which  have  accrued,  on  these  goods,  you  will 
"charge  to  the  U.  States ;  or  if  you  think  proper,  you  may  make 
"the  charge  against  me,  and  the  amount  shall  be  paid  to  your 
"order. 

"Your  letter  of  the  12th.  June,  was  received ;  and  answered  on 
"the  26th.  of  the  same  month 

"I  am 

"Sir, 

"very  respectfully  your  Hble  servt. 

W.  C.  C.  Claiborne 

Mr.  Hulings, 

"Vice-Consul  at  N.  Orleans" 


To  Officer  Commanding  at  Fort  Stoddert. 

Copy  of  a  letter  from  the  Governor  to  the  Commg.  officer  at 
Fort  Stothart. 

"Natchez,  July  10th—  1802. 
"Sir, 

"The  bearer,  Lewis  Le  Fleur,2  has  in  charge  certain  goods 
"as  specified  in  the  receipt  enclosed,  which  are  sent  by  the  U.  S. 
"to  the  Choctaw  Indians. 

1  Fort  Stoddert  was  established  at  Ward's  Bluff  on  the  Mobile  River 
in  July,  1799,  and  was  named  in  honor  of  the  acting  Secretary  of  War. 

2  A  Canadian,  Indian  trader,  married  a  Choctaw  woman,  father  of  Green- 
wood Laflore,  the  Choctaw  chief, 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  473 

"You  will  be  pleased  to  have  these  goods  safely  deposited 
"in  Fort  Stothart,  &  to  deliver  them  to  the  order  of  the  agent 
"for  the  U.  S.  in  the  Choctaw  Nation. 

"I  will  thank  you  to  furnish  the  agent  with  such  assistance 

"as  he  may  need,  to  enable  him  to  convey  the  goods  up  the  Mobile 

"river. 

"I  am 

"Sir 

"very  respectfully 

"yr.  Hble:Servt: 

"To  the  Commanding  officer 
at  Fort  Stothart." 


W.  C.  C.  Claiborne. 


A  Copy  of  Lewis  Le  Fleur's  receipt — 

Natchez,  July  10th—  1802 
Received  from  William  C.  C.  Claiborne  Governor  of  the  Mis- 
sissippi Territory,  two  bails,  marked  "Choctaw  Annuity";  three 
hogsheads,  marked  "U.  S.  Choctaw  Indians" ;  three  boxes  marked 
"U.  S.  Choctaw  Indians";  and  one  hogshead  marked  "Choctaw 
Annuity;"  containing  goods  for  the  Choctaw  Indians,  the  whole 
in  good  order,  which  I  promise  to  deliver  in  like  good  order  to  the 
commanding  officer  at  Fort  Stothart  on  the  Mobile  river,  the 
dangers  of  the  Seas  only  excepted. 

Louis  Lefluar 


A  Copy  of  a  Passport  given  to  Louis  Le  Fleur. 

William  C.  C.  Claiborne  Esqr  Governor,  and  commander  in 
chief  of  the  Mississippi  Territory:  These  are  to  request  his 
Excellency  the  Governor  of  the  Province  of  Louisiana  and  others 
of  his  Catholic  Majesty's  subjects  to  let  Louis  Lefluar  and  two 


474  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

other  gentlemen  who  accompany  him,  citizens  of  the  United 
States,  togehter  with  certain  goods  sent  by  the  United  States  as 
presents  to  the  Choctaw  nation  of  Indians,  as  per  their  several 
marks,  to  wit;  one  hogshead  marked  "Choctaw  Annuity;"  three 
hogsheads  marked  "U.  S.  Choctaw  Indians" :  and  two  large  bales 
marked  "Choctaw  Annuity",  together  with  one  sett  of  black- 
smith's tools  pass  safely  and  freely  without  giving  or  permiting 
to  be  given,  any  hindrance,  but  on  the  contrary  affording  to  them 
all  aid  and  protection  as  we  would  in  like  cases  do  for  those  who 
come  recommended  to  this  Government. 

In  testimony  whereof  we  have  delivered  to  him  and  them  this 
passport  signed  by  my  hand,  and  with  the  seal  of  the  said  Terri- 
tory hereunto  annexed. 

Given  this  10th.  day  of  July  Anno  Domini  1802  and  in  the 
27th —  year  of  the  Independence  of  the  United  States  of  America. 
Signed 

William  C.  C.  Claiborne, 
Governor  of  the  Mississippi  Territory. 


To  Gov.  Claiborne  from  John  Girault. 

"Recess,  near  Huntston  29th  July  1802 
"Sir, 

Various  circumstances  have  induced  me  to  resign  to  you  the 
"inclosed  Commission  (if  it  may  be  so  called),  the  first  and  prin- 
cipal of  which  is,  the  insertion  of  certain  words  in  it,  under 
"which  I  have  taken  the  liberty  to  draw  a  line  of  stress,  and 
"which  rather  astonished  me  when  I  first  saw  it ;  I  then  accepted 
"it  on  the  firm  belief  of  its  being  the  uniform  and  general 
"tenor  you  had  adopted;  but  when  at  Court  I  saw  the  Commis- 
"sions  of  the  Justices,  Sheriff,  Coroner,  and  even  of  the  Consta- 
bles, and  found  them  all  divested  of  that  type  of  distrust  which 
"is  stamped  on  me  alone,  I  did  immediately  determine  to  keep  it 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  475 

"no  longer  time  than  would  be  necessary  to  make  up  the  Judg- 
ments, and  arrange  the  business  of  the  Court,  which  however  I 
"have  not  yet  had  time  to  do,  but  having  declared  to  my  friends 
"that  I  would  resign  it  immediately  on  being  elected  to  represent 
"them  in  General  assembly  (although  the  Constitution  of  our 
"Territory  is  silent  and  does  not  make  it  incompatible)  yet  I 
"hasten  so  to  do. 

"I  am 

"Sir, 

"yr.  mo :  obdt.  Hble  servt. 

"Jno:  Girault. 
"His  Excellency 

"The  Governor." 


To  John  Girault. 

Jefferson  Court  House  Augt.  4th  1802 
Sir, 

Your  letter  of  the  29th.  Ultimo  was  delivered  to  me  this  after- 
noon. 

It  is  a  matter  of  no  consequence  to  me  what  were  the 
circumstances  which  induced  you  to  resign  the  office  of  Clerk  to 
Jefferson  County  Court;  but  since  you  have  thought  proper  to 
mention  a  reason,  which  you  term  the  principal  one,  a  desire 
which  I  have  always  felt  to  remove  erroneous  impressions  induces 
me  to  state  that  the  "Type  of  distrust"  refered  to  was  not 
stamped  upon  you  alone :  The  fact  is,  the  words  "during  the  pleas- 
ure of  the  Governor  for  the  time  being,"  were  inserted  in  most  of 
the  Commissions  which  were  issued  at  the  commencement  of  my 
administration:  and  among  others,  the  expressions  which  have 
given  umbrage  to  you,  were  used  in  the  Commission  of  the  Sheriff 
of  Adams  County,  the  Clerk  of  the  Superior  Court  and  the  Atto'y- 
General  for  Jefferson  District. 


476  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

I  could  proceed  further  in  explanation,  but  I  suppose  enough 
is  said  to  answer  my  purpose:  to  wit;  "The  removal  of  an  erro- 
neous impression. 

I  shall  in  a  few  days  appoint  a  successor  to  you;  and  in  the 
mean  time  I  presume  you  will  esteem  it  a  duty  to  hold  in  charge 
the  Records  and  other  papers  belonging  to  your  office. 

I  am 

Sir, 
yr.  Hble:  servt. 

W.  C.  C.  Claiborne 
Colol   Jno.  Girault. 


To  Gov.  Claiborne,  from  Henry  Dearborn. 

"War  Department,  June  7th—  1802 
"Sir, 

"General  Wilkinson  has  received  directions  from  this  De- 
partment to  superintend  the  preambulating  the  boundary  line 
"between  the  Mississippi  Territory  and  the  Chocktaw  nation,  but 
"as  some  doubts  arises  respecting  this  line,  he  will  not  proceed 
"in  the  business  unless  the  Chocktaws  will  first  consent  to  accept 
"of  some  reasonable  sum  to  establish  the  line  which  was  agreed 
"on  between  their  nation  and  the  British  Government,  in  a  Treaty 
"which  was  held  some  time  before  the  Spanish  Government  came 
"last  into  possession  of  the  Floridas.1 

Should  General  Wilkinson  succeed  with  the  Choctaws  in  ob- 
taining their  consent  (and  of  which  you  will  be  informed)  I 
have  to  request  that  your  Excellency  will  appoint  some  capable 
person  to  assist  him  as  a  surveyor;  and  also  to  procure  chain- 
men,  pack  horses,  provisions,  and  stores,  on  the  most  reasonable 
terms. —  Your  Bills  on  this  department  for  any  expense  which 
you  may  incur  in  this  business,  will  be  accepted  and  paid  on  the 
shortest  notice. 

•Treaty  of  March  2(5,   1765? 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  477 

The  Government  of  the  United  States  having  concluded  on 
establishing  a  trading  house  for  the  accommodation  of  the  Choc- 
taws,  goods  to  the  amount  of  ten  thousand  dollars  will  be  sent 
by  water  for  commencing  the  establishment.  I  will  thank  you  to 
inform  me  as  soon  as  you  can  conveniently  of  the  most  elligible 
situation  for  the  factory  to  be  established.  As  soon  as  a  spot 
is  fixed  upon  measures  will  be  taken  for  erecting  suitable  build- 
ings for  the  store,  &  the  residence  of  the  Factor.1 

A  similar  establishment  on  a  smaller  scale  will  be  made  at 
the  Chickasaw  Bluffs  for  the  accommodation  of  the  Chickasaws. 
Agents  for  superintending  those  factories  will  be  sent  out 
from  here  in  the  course  of  the  summer. 
I  have  the  honor  to  remain 

With  great  respect 

Your  Excellency's 
mo:  obdt.  Servt. 


H.  Dearborn 


His  Excellency 

William  C.  C.  Claiborne. 


To  Henry  Dearborn. 

Near  Natchez,  July  20th —  1802. 
Sir, 

I  have  received  your  letter  of  the  7th  Ult.  and  will  endeavour 
faithfully  to  execute  the  duties  you  require  of  me. 

I  am  persuaded  that  General  Wilkinson  will  meet  with  no 
difficulty  in  making  with  the  Choctaw  nation,  the  arrangement 
you  desire.  The  Choctaws  are  an  humble  people  and  very  much 
disposed  to  accommodate. 

When  General  Wilkinson  may  be  in  readiness  to  proceed  on 
the  line,  I  shall  select  a  suitable  person  to  assist  him  as  a  sur- 

1  This  policy  was  popular  with  the  Indians,  and  caused  them  to  assume 
a  friendly  attitude. 


478  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

veyor:  and  will  provide  chainmen,  Pack-horses,  provisions  & 
stores.  It  will  be  my  care  to  obtain  the  necessary  assistance  and 
supplies  on  the  most  moderate  terms ;  but  the  price  of  labor,  and 
of  every  thing  else,  is  so  enormous  in  this  District,  that  I  fear  you 
will  suppose  the  terms  extravagant. 

I  cannot  at  present  give  a  decided  opinion  as  to  the  most 
elligible  spot  for  the  establishing  "a  trading  house  for  the  ac- 
commodation of  the  Choctaws" ;  but  I  am  inclined  to  think  that 
some  convenient  Scite  on  the  Tombigbee  river  near  the  mouth  of 
the  Alabama  would  best  answer  the  views  of  Government;  But 
upon  this  point  I  will  consult  our  agent  in  the  nation,  and  other 
characters,  and  will  write  you  more  fully  in  a  few  weeks. 

Since  my  last  letter  to  you,  I  have  been  visited  by  Captn. 
Sparks,  the  commanding  officer  at  Fort  Adams;  and  we  have 
selected  an  elligible  spot  for  the  erection  of  a  Garrison.  It  is 
situated  on  high  commanding  ground;  in  a  healthy  part  of  the 
District,  possessing  the  advantage  of  excellent  spring  water,  near 
the  center  of  our  population;  and  not  more  than  six  miles  from 
the  Mississippi  river  But  for  more  particular  information  1 
refer  you  to  the  enclosed  draft  and  description  of  the  scite. 
—  Mr.  Calvit,  the  gentleman  who  owns  the  ground  selected  for 
the  Garrison,  is  at  present  from  home,  so  that  I  cannot  now  learn 
upon  what  terms  a  purchase  of  a  few  acres  of  land  might  be 
effected :  but  I  will  venture  an  opinion  that  he  will  not  ask  more 
than  fifteen  dollars  per  acre  for  10  or  12  acres;  and  that  for  a 
small  consideration  he  would  permit  the  timber  necessary  for 
the  works  to  be  cut  from  his  adjacent  land:  But  on  Mr.  Calvit's 
return,  which  will  be  in  a  few  days,  I  will  know  his  terms  with 
certainty  and  will  advise  you  thereof. 

A  Lieutenant  and  thirty  six  men  are  at  this  time  stationed 
near  this  town,  &  engaged  in  erecting  a  small  block-house  for 
the  reception  of  the  arms  intended  to  be  sold  to  the  militia.  At 
my  request,  Captn.  Sparks  detached,  a  few  days  since  a  party 
of  men  from  Fort  Adams  to  New  Orleans  for  a  part  of  the  rifles 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  479 

which  had  arrived  at  that  port,  and  the  balance  Mr.  Hulings  is 
requested  to  forward  to  me  by  the  first  safe  conveyance. 

The  prospect  of  organizing  the  militia  is  flattering:  the  dif- 
ferent Counties  are  laid  off  into  regiments,  battalions  and  com- 
pany Districts:  the  officers  are  all  appointed,  and  the  men  en- 
rolled: a  great  degree  of  rivalship  exists  between  the  different 
corps :  and  I  flatter  myself  that  in  a  little  time  I  shall  have  a  well- 
armed  and  a  well  disciplined  militia. 

I  received,  the  other  day,  sixty  stand  of  muskets  from  Fort 
Adams.  They  have  been  heretofore  used,  and  are  not  in  good 
order:  I  propose  therefore  to  sell  them  at  the  moderate  sum  of 
eight  dollars  apiece.  At  this  reduced  price  I  expect  the  militia 
will  speedily  purchase  them.  But  I  find  that  the  people  here  are 
much  prejudiced  against  muskets,  and  are  unwilling  to  depend 
upon  any  other  arms  but  rifles. 

About  twelve  days  ago  the  Choctaw  annuity  for  the  year  1801, 
together  with  the  goods  which  I  had  lately  received  by  the  way 
of  New  Orleans,  were  forwarded  by  water  from  Natchez  to  Fort 
Stothart  on  the  Mobile  under  the  care  of  one  Lefluar,  a  trader  in 
the  nation.  This  man  was  sent  to  Natchez  for  the  Choctaw  an- 
nuity by  John  McKee,  the  present  acting  agent  among  the  Choc- 
taws,  who  recommended  him  to  me  as  an  honest  and  industrious, 
prudent  man. 

I  requested  the  commanding  officer  at  fort  Stothart  to  receive 
the  goods  &  to  deliver  them  to  the  order  of  the  agent  for  the 
United  States  in  the  Choctaw  nation. 

I  have  the  honor  to  be 
Sir, 

with  the  greatest  respect 
yr.  Hble:  Servt. 

William  C.  C.  Claiborne 

The  Honble. 

H.  Dearborn, 

Secretary  at  War. 


480  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Henry  Dearborn. 

Near  Natchez,  Aug  6th.  1802. 
Sir, 

I  have  made  enquiry  as  to  the  most  elligible  situation  for  a 
trading  house  to  supply  the  Choctaw  Indians  with  such  goods  as 
they  may  want;  and  am  now  decidedly  of  the  opinion  that  some 
position  on  the  Tombigbee  ought  to  be  selected.  A  trading  house 
in  that  quarter  might  be  regularly  supplied  with  goods,  from 
the  United  States ;  would  be  convenient  to  the  great  body  of  the 
nation ;  and  would  discourage  the  traffic  trade,  at  present  carried 
on  by  the  way  of  Mobile  and  Pensacola,  which  interferes  con- 
siderably with  the  arrangements  of  our  Government,  to  introduce 
the  benefits  of  civilization  among  the  Choctaws. 

As  the  navigation  of  the  Mobile  Bay  is  not  secured  to  the 
United  States  it  is  possible  that  the  Spanish  officers  in  that  quar- 
ter might  throw  some  impediments  in  the  way  of  transporting 
goods  to  the  factory:1  But  from  the  present  friendly  and  accom- 
modating disposition  of  the  Governor  General  of  Louisiana  to- 
wards the  U.  States,  I  do  not  anticipate  much  difficulty  in  this 
point. 

I  am, 

Sir, 

very  respectfully 
yrs:  &c. 

The  Honble.  W.  C.  C.  Claiborne 

The  Secretary  of  War. 


To  Henry  Dearborn. 

Copy  of  a  letter  from  the  Governor  to  the  Secretary  of  War. 

Near  Natchez,  August  6th —  1802. 
Sir, 

By  the  last  mail  I  forwarded  a  draft  of  the  scite  selected 
by  the  commanding  officer  at  Fort  Adams  &  myself  for  the  erec- 

1  This  fear  afterwards  became  real,  when  Spain  sought  to  control  trade 
with  the  Choctaws. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  481 

tion  of  a  new  Garrison :  I  now  have  the  honor  to  enclose  you  the 
copy  of  a  letter  from  a  Mr.  Calvit  to  me,  which  will  acquaint  you 
of  the  terms  upon  which  ten  acres  of  land,  including  the  scite, 
may  be  purchased. 

The  consideration  per  acre  is  not  more  than  lands  in  the 
neighbourhood  will  generally  command;  and  when  we  take 
into  view  the  peculiar  advantages  of  the  ground,  I  am  of  opin- 
ion that  Mr.  Calvit's  terms  are  quite  reasonable. 

As  the  works  progress  the  greatest  economy  shall  be  ob- 
served ;  and  no  unnecessary  expense  incured :  and  I  am  now  well 
assured  that  the  aggregate  cost  will  fall  short  of  the  sum  I 
heretofore  stated  to  you. 

If  a  company  should  be  ordered  from  Fort  Adams  to  assist 
in  erecting,  and  to  occupy  this  Garrison,  may  I  be  permited  to 
ask  of  you  the  favor  to  direct,  that  Captn.  Sparks  be  detached  on 
this  command?  Of  his  integrity,  prudence,  &  patriotism,  I  have 
the  highest  opinion;  &  believe  him  well  calculated  to  take 
charge  of  a  seperate  post. 

The  rifles  from  Orleans  have  not  yet  reached  me;  but  I  ex- 
pect them  every  day.  A  small  Block-house  for  the  reception  of 
these  arms  is  nearly  completed. 

In  the  course  of  this  week  I  have  reviewed  the  militia  of 
Jefferson  &  Adams  Counties;  and  can  assure  you  that  the  pros- 
pect of  having  a  well-trained  &  a  well-armed  militia,  exceeds  my 
most  sanguine  expectations. —  In  the  course  of  the  ensuing  week 
I  shall  review  the  militia  of  two  other  counties ;  and  by  the  next 
mail  I  hope  shall  be  enabled  to  make  you  a  return  of  the  effect- 
ive force  of  this  Territory. 

With  great  respect,  &  sincere  esteem 
I  have  the  honor  to  be 
yr:  very  Hble:  servt. 

W.  C.  C.  Claiborne 

The  Honble 

The  Secretary  at  War. 


482  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Samuel  Mitchell. 

Copy  of  a  letter  to  the  agent  for  the  U.  States  in  the  Chick- 
asaw Nation. 

Near  Natchez,  August  15th.  1802 
Sir, 

Your  letter  of  the  30th.  Ultimo  has  been  received.  I  am  sorry 
to  hear  of  your  indisposition;  but  I  flatter  myself  your  health 
is  by  this  time  sufficiently  restored  to  enable  you  to  attend  to  your 
official  duties. 

I  am  desirous  to  receive  your  quarterly  report,  in  as  much, 
as  I  expect  to  learn  from  it,  the  present  state  of  your  agency  and 
to  be  particularly  informed  of  the  progress  of  civilization,  among 
the  Chickasaws. 

In  a  late  letter  from  the  Secretary  at  War,  I  am  advised,  that 
it  is  in  contemplation  to  establish,  in  the  course  of  a  few  months, 
a  Trading  house  at  the  Chickasaw  Bluffs  for  the  accommodation 
of  the  Chickasaw  nation :  but  lest  from  some  cause  this  establish- 
ment should  either  be  delayed  or  given  up,  you  will  only  mention 
it  to  the  Indians  as  a  probable  event;  or  rather  as  an  object  con- 
templated, and  not  as  one  determined  upon. 

I  was  taken  this  morning  very  unwell,  and  I  am  now  so  op- 
pressed with  a  pain  in  my  head,  that  I  am  compeled  to  conclude 
this  letter. 

Make  my  respects  to  the  Head  men  of  the  Nation,  and  particu- 
larly to  my  acquaintances,  the  Mr.  Colberts.1 

I  am 

Sir, 

very  respectfully 
yr.  Hble:  servt: 


W.  C.  C.  Claiborne. 


Saml.  Mitchell 

Agent  for  the  U.S.  in  the 
Chickasaw  Nation 


heading  halfbreed  Chickasaw  Chiefs. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  483 

Treasury  Warrant  to  James  Ferrall. 

On  the  17th —  day  of  August,  the  Governor  issued  the  follow- 
ing Treasury  Warrant. 

To  Abner  Green  Esqr.  Treasurer  General  for  the 
Mississippi  Territory. 
Sir, 

You  will  pay  to  James  Ferrall  Esqr.  out  of  any  monies  which 
may  be  in  the  Treasury,  two  hundred  and  sixty  eight  dollars, 
being  the  sum  which  is  due  him  for  printing  the  laws  and  for 
so  doing  this  instrument  shall  be  your  sufficient  warrant. 

Given  under  my  hand  &  seal  at  the  town  of  Washington  this 
17th—  day  of  August  1802. 

W.  C.  C.  Claiborne  [seal] 

Governor  of  the  Missis- 
sippi Territory. 

On  the  1st —  of  may  I  issued  a  warrant  in  favor  of  Mr.  Fer- 
ral  for  one  hundred  and  forty  four  dollars;  I  am  informed  by 
Mr.  Ferral  that  this  warrant  has  been  lost,  the  Treasurer  there- 
fore is  instructed  to  refuse  payment  if  it  should  ever  be  pre- 
sented, since  the  amount  has  been  included  in  the  warrant  I  have 
this  day  issued. 

W .  C.  C.  C. 


To  John  Girault. 


Town  of  Washington,  August 
17th—  1802. 
Sir, 

I  have  this  day  appointed  Mr.  Edward  Turner  Clerk  of  the 
county  Court  for  Jefferson  County,  and  to  this  gentleman  you 
will  be  pleased  to  deliver  all  the  records  and  papers  belonging  to 
your  late  office. 


484  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

Accept  my  best  thanks  for  the  faithful  services  you  have 
rendered  to  the  public. 
I  am 

Sir, 

very  respectfully 
yr.  Hble.  servt. 

W.  C.  C.  Claiborne. 
Colol.  Girault. 


To  Gov.  Claiborne,  from  Henry  Dearborn. 

Copy  of  a  letter  from  the  Secretary  at  War  and  the  Governor's 
answer. 

War  Department,  June  11th—  1802 
Sir, 

Information  has  lately  been  received  from  John  McKee  late 
agent  to  the  Choctaw  nation  that  a  debt  of  considerable  amount 
was  due  from  the  Choctaws  to  the  English  house  of  Panton  Les- 
lie &  Co.  at  Pensacola,  and  that  they  had  proposed  receiving  from 
them  a  tract  of  land  in  payment,  provided  the  Government  of 
the  United  States  would  sanction  the  measure. 

Mr.  McKee  appears  to  be  highly  in  favour  of  the  proposition, 
as  will  appear  by  the  following  extract  of  his  letter  to  this  de- 
partment of  the  6th —  Ultimo. 

"I  am  not  able  to  say  whether  the  nation  will  agree  to  the  contemplated 
"cession,  but  I  have  little  doubt  of  it,  and  I  am  certain  they  can  never 
"otherwise  pay  to  the  traders  nor  they  to  this  house,  the  sums  now  due." 

"As  far  as  the  house  of  Panton  Leslie  &  Co.  are  interested  in  this  ces- 
"sion  it  would  be  but  an  act  of  justice  to  extend  them  such  an  indulgence, 
"and  would  be  only  complying  with  a  promise  made  by  the  Government 
"thro'  me  in  the  summer  of  1797  that  they  might  reasonably  look  forward 
"to  such  indulgencies  as  would  greatly  facilitate  the  effectual  and  prompt 
"collection   of  their  debts  within   our   Indian   nations." 

I  cannot  tell  upon  what  authority  such  a  promise  was  made 
by  Mr.  McKee  on  the  part  of  the  Government,  as  it  was  entirely 
out  of  the  line  of  his  duty  and  cannot  be  considered  as  in  any 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  485 

manner  binding ;  he  ought  to  have  known  that  no  such  agreement 
could  be  made  without  the  consent  of  the  Government  first 
had  and  obtained;  he  ought  to  have  been  aware  of  the  extreme 
impropriety  of  permiting  foreigners  to  possess  a  large  tract  of 
country  among  any  of  our  Indian  nations. 

I  will  thank  you  to  have  such  enquiries  made  thro'  Mr.  Dins- 
moor  as  will  lead  to  an  understanding  of  the  outlines,  on  which 
the  proposed  bargain  for  the  lands  was  to  be  made,  and  to  a 
knowledge  of  the  sum  which  is  due  from  the  nation  to  the  house 
of  Panton  Leslie  &  Co.  and  which  was  to  be  canceled  by  the  pro- 
posed cession;  and  the  quantity  of  land  which  could  probably 
be  obtained. 

If  a  tract  of  land  on  the  navigable  waters  of  the  Alabama  or 
Tombigby  could  be  obtained,  which  would  be  worthy  the  atten- 
tion of  Government,  it  is  possible  that  congress  might  think 
proper  to  authorize  the  President  to  accept  it  on  behalf  of  the 
United  States  and  pay  the  debts. 

The  President  is  willing  that  those  claims  should  be  paid; 
but  it  will  be  remembered  that  the  Government  of  the  United 
States  are  not  in  any  manner  obligated  to  indemnify  any  person 
or  persons  who  may  on  their  own  account  carry  on  trade  with  the 
Indian  nations  within  their  limits. 

I  have  the  honor  to  remain 
yr.  Excellency's 

mo:  ob:  servt. 

H.  Dearborn 

His  Excellency 

W.  C.  C.  Claiborne. 


To  Henry  Dearborn. 

Near  Natchez,  August  19th.  1802. 
Sir, 

Your  letter  of  the  11th —  of  June  was  duly  received. 

I  have  heretofore  understood  that  the  Choctaw  Indians  were 
Greatly  in  debt  to  the  house  of  Penton  Leslie  &  Co.  of  Pensacola 


486  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

and  that  they  (the  Choctaws)  were  desirous  to  sell  certain  lands 
to  enable  them  to  meet  their  engagements.  A  letter  from  a  Mr. 
Callier  to  me  upon  this  subject,  I  enclosed  to  you  several  mails 
ago,  but  on  the  arrival  of  Mr.  Dinsmoor  in  the  nation  I  will 
endeavor  to  obtain  more  particular  information,  and  will  advise 
you  thereof. 

The  proposition  of  Panton  Leslie  &  Co.  to  receive  in  payment 
from  the  Choctaws  a  tract  of  land,  is  indeed  unreasonable.  These 
gentlemen  have  been  sufficintly  indulged,  in  being  permited  to 
trade  with  the  Indians  within  our  limits;  and  I  am  persuaded 
it  would  be  good  policy  to  withdraw  this  indulgence  for  the 
future.  The  trading  house  which  our  Government  contemplates 
establishing  will  be  sufficient  for  the  accommodation  of  the  Choc- 
taws, &  I  see  no  reason  why  foreignors  should  be  encouraged  to 
become  our  rivals. 

In  a  letter  from  Lieutenant  Schuyler  commanding  at  Fort 
Stoddert,  I  am  informed  that  the  Indian  Goods  which  were  comm- 
ited  by  me  to  the  care  of  Louis  Lefluar,  had  arrived  at  that 
place,  were  safely  deposited,  and  would  be  delivered  to  the  order 
of  the  agent  for  the  Choctaw  nation. 

General  Wilkinson  writes  me  that  he  expects  to  reach  the 
Choctaws  in  the  month  of  September  to  make  arrangements  for 
retracing  &  marking  the  old  line  of  limits. 

I  was  in  hopes  that  I  should  have  been  enabled  to  make  you 
a  general  militia  return  by  this  mail;  but  owing  to  the  neglect 
of  some  of  the  officers,  the  returns  from  the  different  counties 
are  yet  incomplete. 

With  great  respect  &  sincere  esteem, 
I  have  the  honor  to  be 

yr.  very  Hb :  servt. 

W.  C.  C.  Claiborne. 

The  Honble 

The  Secretary  of  War. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  487 

To  James  Madison. 

Natchez,  August  19th  —1802. 
Sir, 

In  a  former  letter  I  stated  to  you  the  want  of  confidence  on 
the  part  of  many  of  the  Citizens  of  this  Territory  in  their  Su- 
preme Judiciary;  the  deficiency  of  legal  talents  in  two  of  the 
Judges;  and  the  propriety  there  was,  in  supplying  the  first  va- 
cancy with  a  character  of  good  law  information. 

It  is  now  reported  that  Judge  Tilton  has  resigned; —  of  the 
truth  of  this  report,  you  can  best  determine. 

But  there  is  another  report  which  I  believe  more  certain, 
"That  this  gentleman  has  gone  to  Europe  on  some  Commercial 
business."  He  is  said  to  have  sailed  from  New  Orleans,  about 
two  months  ago,  in  a  vessel  bound  to  Liverpool.  I  thought  it  my 
duty  to  state  this  report,  since  it  may  be  made  a  question  how 
far  this  conduct  on  the  part  of  a  Judge  (unless  his  voyage  had 
been  previously  sanctioned  by  Government)  ought  to  be  con- 
sidered as  an  abandonment  of  office. 

In  January  or  February  last,  Mr.  Tilton  left  Natchez,  and 
has  been  attending  to  his  private  business,  at  Orleans  until  his 
late  departure  from  that  Port. 

If  Judge  Tilton's  office  should  be  vacant,  permit  me  to  rec- 
ommend as  his  successor  a  Mr.  David  Ker1  of  this  Territory ;  Mr. 
Ker  is  an  able  lawyer  &  an  amiable  man;  he  unites  to  pure  re- 
publicanism, pre-eminent  talents  and  would,  in  my  opinion,  fill 
the  office  of  Judge  with  dignity  to  himself  &  usefulness  to  his 
country. 

Colol.  Steele's  Commission  as  Secretary  for  this  Territory,  ex- 
pired on  the  7th —  of  May  last ;  since  which  he  has  not  considered 
himself  bound  to  transact  any  public  business. 

I  am  at  much  loss  for  a  secretary,  and  must  beg  that  an  ap- 
pointment of  one  be  speedily  made.    I  will  not  venture  to  recom- 

1  Founder  of  the  University  of  North  Carolina,  was  appointed  a  judge 
of  the  Mississippi  Territorial  Court  November  2,  1802. 


488  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

mend  any  particular  character  for  the  office,  being  well  assured 
that  any  gentleman  selected  by  the  President,  will  discharge  his 
duty  with  ability  and  fidelity. 

Accept  assurances  of  my  great  respect,  &  sincere  esteem, 
I  have  the  honor  to  be 
Sir, 
yr.  mo :  obdt.  Hble.  servt. 

W.  C.  C.  Claiborne. 
The  Honble, 

James  Maddison, 
Secretary  of  State. 


To  John  Pitchylynn  Interpreter  for  Choctaws.1 

Near  Natchez,  August  22d  1802. 
Sir, 

Your  letter  of  the  first  Instant  I  received  a  few  days  since; 
and  I  am  much  pleased,  with  your  zealous  and  active  exertions  in 
the  recovery  of  Mr.  Brackin's  property. 

The  conduct  of  the  chiefs  on  this  occasion  is  highly  satis- 
factory, &  I  wish  you  to  say  to  them  that  they  possess  my  esteem 
&  confidence. 

It  is  true  there  are  ill-disposed  men  in  all  nations,  and  that 
mischief  from  such  persons  cannot  at  all  times  be  prevented. 
But  when  a  man  commits  an  offence,  and  is  punished  for  it,  he 
will  take  care  not  to  do  so  again,  and  others  will  be  detered 
from  following  his  example,  for  fear  they  may  receive  a  similar 
punishment.  This  is  the  reason  why  the  white  men  punish  their 
bad  men  with  such  severity;  and  I  wish  you  to  enforce  upon  the 
Chiefs  the  propriety  of  their  adopting  a  similar  policy. 

1  The  son  of  an  English  officer  who  died  in  the  Choctaw  Nation.  He 
was  adopted  by  the  tribe,  married  among  them,  and  was  very  influential. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  489 

I  have  written  to  the  Secretary  at  War  upon  the  subject  of 
your  claim  j1  and  so  soon  as  I  receive  an  answer,  will  advise  you 
thereof. 

I  have  enclosed  you  a  letter  from  General  Wilkinson  to  Mr. 
Dinsmoor  on  public  service ; —  If  this  gentleman  should  not  have 
reached  the  nation,  you  will  open  the  letter  and  attend  to  its  con- 
tents. 
I  am, 

Sir, 

very  respectfully  &c. 

W.  C.  C.  Claiborne. 
John  Pitchleym 

Interpreter 

Choctaw  Nation — 


To  the  Governor  from  Wm.  E.  Ruling. 

New  Orleans,  23d.  July  1802. 
Sir, 

In  compliance  with  your  Excellency's  letter  of  the  6th-  Inst; 
I  have  delivered  to  Serjeant  Parsons,  who  is  sent  by  Captn. 
Sparks,  sixteen  boxes  of  rifle  guns  which  by  the  marks  on  the 
ends  appear  to  contain,  one  hundred  &  sixty  one  guns. 

The  remainder  I  will  endeavour  to  put  on  board  the  public 
schooner  you  speak  of  when  she  arrives.  We  have  nothing  of  her 
yet. 

As  the  expenses  on  the  guns  will  be  but  a  trifle  and  as  I  had  no 
account  open  with  the  U.  S.  when  the  remainder  are  shipped,  I 
will  draw  on  you  for  the  amount. 

We  are  in  much  suspense  respecting  our  political  destiny.2  It 
appears  to  be  the  wish  of  the  majority  of  the  men  of  property, 
to  remain  as  we  are. —  We  have  received  letters  from  Philada. 

1  For  services  as  interpreter. 
2Transfer  from  Spain  to  France. 


490  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

By  the  Brig  Sophia,  as  late  as  the  25th.  May ;  they  contain  noth- 
ing important,  except  the  information  that  the  Treaty  of  Madrid 
is  made  null  and  void.  — Our  city  is  as  healthy  as  I  have  ever 
known  it  at  this  season. 
I  am, 


Sir, 


With  due  respect 
Yr.  mo :  obdt :  servt.  &c 

Wm.  E.  Hulings. 


His  Excelly. 

Governor  Claiborne 


To  Gov.  Claiborne,  from  P.  P.  Schuyler.1 

Fort  Stoddert  1st—  Augt.  1802. 
Sir, 

The  annuity  for  the  Choctaw  nation  forwarded  under  charge 
of  Louis  Lefluar,  reached  here  this  morning.  I  have  compared 
the  Hogsheads,  Boxes  &c.  with  the  receipt  of  Lefluar,  &  find  they 
agree 

I  shall,  in  conformity  with  your  request,  give  every  assistance 
in  my  power  to  the  agent  conveying  the  goods  up  the  river. 
I  have  the  honor  to  be 

Sir, 
with  respect 

yr.  ob:  servt. 

P.  P.  Schuyler  Lt. 

Comm,g — 
His  Excly. 

Governor  Claiborne. 

1  Peter  Philip  Schuyler,  New  York,  Capt.  U.  S.  A.,  December  20,  1803, 
second  treasurer  of  the  State  of  Mississippi. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  491 

To  Daniel  Burnett. 

Copy  of  a  letter  from  the  Governor  to  Colol.  Daniel  Burnett. 

Washington,  August  22d.  1802. 
Sir, 

Mr  McCaleb  handed  me  your  letter  of  the  21st —  Inst.  I  am 
much  pleased  with  this  young  man,  and  think  him  well  calculated 
for  an  officer. 

I  will  appoint  a  successor  to  the  Ensign  who  declined,  so 
soon  as  I  can  select  a  suitable  character.  Will  you  consult  with 
the  Captain  of  the  Company?  and  if  you  &  him  can  agree  upon 
a  proper  person,  you  will  be  pleased  to  mention  his  name  to  me 
without  delay. 

Accept  my  best  wishes. 
I  am, 
Sir, 

very  respectfully 
yr.  Hb :  servt. 

W.  C.  C.  Claiborne 
Colol.  Danl.  Burnett 


To  Henry  Dearborn. 

Near  Natchez  August  22d.  1802 
Sir 

John  Pitchlynn  an  Interpreter  for  the  Choctaw  Nation  of 
Indians,  has  a  claim  against  the  United  States,  which  he  is  de- 
sirous to  have  settled. 

It  seems  that  in  the  year  1786  at  the  treaty  at  Hopewell,1  Mr. 
Pitchlynn  was  appointed  as  Interpreter  for  the  chactaw  Indians 
by  the  American  Commissioners,  and  that  he  acted  under  this 
appointment  in  that  capacity,  until  the  year  '92,  when  he  received 

January  3,  1786. 


492  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

a  new  Commission  as  Interpreter  from  William  Blount  at  that 
time  Governor  of  the  South  Western  Territory  and  superinten- 
dent of  Indian  affairs. 

Pitchlynn  claimed  three  hundred  Dollars  pr.  annum  for  his 
services  from  the  year  '86  to  the  year  '92,  but  his  account  not 
being  allowed  by  the  proper  accounting  officers,  he  petitioned 
Congress  upon  the  subject,  in  the  year  '99,  and  if  my  memory 
serves  me  right,  his  claim  was  admitted  by  the  House  of  Repre- 
sentatives. 

Mr.  Simmons  the  accountant  of  War,  can  give  you  particular 
information  as  to  Pitchlynns  claim,  and  to  him  I  beg  leave  to 
refer  you;  Pitchlynn  is  a  useful  man  among  the  Choctaws,  very 
faithful  to  the  American  Interest,  and  I  wish  him  to  be  convinced 
of  the  Disposition  of  the  Government  to  admit  any  of  his  Just 
demands. 

May  I  be  permitted  therefore  to  solicit  you,  to  make  enquiry 
into  this  Man's  claim  and  to  Inform  me,  in  what  situation,  it  at 
present  stands. 

With  great  esteem  and  Respect, 
I  am  Sir, 

your  mo.  obt.  Hble  sert. 
(Signed) 

William  C.  C.  Claiborne 

Henry  Dearborn 

Secretary  of  War. 


To  Henry  Dearborn. 

Near  Natchez  September  1st.  1802 
Sir; 

In  my  Letter  of  the  29th  of  June,  I  mentioned  a  Robbery, 
which  had  recently  been  committed  by  some  of  the  chactaw  In- 
dians, and  of  the  measures  I  had  taken  to  obtain  redress. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  493 

I  now  have  the  pleasure  to  inform  you,  that  the  property- 
taken  has  been  restored  and  that  the  chiefs  are  disposed  to  dis- 
countenance any  further  outrages  as  appears  from  the  enclosed 
Letters  to  me,  from  John  Pitchlynn  the  Interpreter  among  the 
Chactaws  and  Andrew  Brackin  the  person  robbed. 

I  do  not  know  what  has  become  of  Mr.  Dinsmoor,  his  presence 
in  the  nation,  is  at  this  time  desirable; —  It  is  reported  that 
Dinsmoor  has  been  mortally  wounded  in  a  Duel  with  a  Gentle- 
man in  Tennessee,  but  I  hope  the  report  is  without  foundation. 
With  sentiments  the  most  respectful 
I  am  Sir 

your  mo :  obt.  hble.  servt. 
(Signed) 

William  C.  C.  Claiborne 
The  Honble 

Henry  Dearborn 
Secy,  of  War 


To  Gideon  Grainger,  Postmaster  General. 
Copy  of  a  Letter  from  the  Governor  to  the  Postmaster  General 

Near  Natchez  September  6th  1802 
Sir, 

I  have  been  requested  by  a  number  of  respectable  Citizens, 
who  feel  much  interested  in  the  subject,  to  solicit  you  to  establish 
a  Post  office  at  the  Town  of  Greenville  in  this  Territory. 

Greenville  is  a  flourishing  little  village  about  28  miles  distant 
from  Natchez,  and  immediately  on  the  Post  road  to  Tennessee ; — 
It  is  situated  in  the  Neighbourhood  of  a  compact,  populous  and 
Wealthy  settlement,  is  the  County  Town  for  Jefferson  County, 
and  the  place  of  holding  the  Superior  Court  for  Jefferson  Dis- 
trict. 


494  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

If  the  Establishment  solicited,  should  be  made,  permit  me  to 
mention  Doctor  John  Shaw1  who  resides  in  Greenville,  as  a  proper 
person  to  be  appointed  Post  Master,  he  is  an  honest,  well  in- 
formed American  who  I  sincerely  believe,  will  remain  faithful 
to  his  Country,  and  to  any  trust  that  may  be  reposed  in  him. 
With  great  respect  &  sincere  esteem 
I  have  the  Honour  to  be 

Your  mo :  obt.  hble  servt. 
(Signed) 

William  C.  C.  Claiborne 
The  Honble— 

Gideon  Grainger 


To  Peter  Walker,  Clerk  of  Adams  County  Court. 

Town  of  Washington  thursday  September 

9th  1802— 
Sir 

On  tuesday  or  Wednesday  next,  I  shall  appoint  a  successor 
to  you,  as  Clerk  of  the  County  Court  for  Adams  County,  and  I 
have  given  you  this  Information,  in  order  that  you  may  be  pre- 
pared by  that  time,  to  deliver  the  papers  of  your  office,  to  the  Gen- 
tleman who  may  be  Commissioned. 
I  am  Sir, 

very  respectfully 

your  Hble.  Servt. 
(Signed) 

William  C.  C.  Claiborne. 
Peter  Walker  Esq.  Clerk  of  Adams  County  Court. 

'A  member  of  the  Constitutional  Convention  of  1817. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  495 

To  Samuel  Brooks,  Esq.,  Chairman  of  Adams  County  Court. 

Copy  of  a  letter  from  the  Governor  to  Samuel  Brooks  chair- 
man of  Adams  County  Court. 

Washington  September  9th —  1802 
Sir 

I  find  that  the  people  of  this  Company  District  have  not  been 
called  upon  for  a  return  of  their  taxable  property,  and  I  believe, 
the  delay  has  arisen  from  the  Circumstance,  that  the  duty  of  re- 
ceiving, the  tax  List  in  this  quarter,  was  committed  to  Mr.  Wil- 
liam Vousdan  lately  deceased — 

Will  you  be  good  enough  to  enquire  into  this  matter,  at  the 
Clerk's  office,  and  if  you  find  that  Mr.  Vousdan  was  appointed 
by  this  Court,  it  will  be  proper  to  nominate  a  successor  and  by  the 
Law  three  Justices  are  empowered  to  do  so. 

Mr.  James  Nelson  of  this  Town  is  an  acting  Justice,  and 
very  capable  of  discharging  any  duty  appertaining  to  that  office 
I  am  sir 

Very  respectfully 

Your  Hble  Servt. 
(Signed) 

William  C.  C.  Claiborne 
Samuel  Brooks  Esq. 

Chairman  of  Adams  County  Court. 


To  John  Caller. 

Near  Natchez  sepr-  9th  1802 
Sir 

I  some  time  since,  enclosed  under  cover  to  you,  Commissions 
for  several  Gentlemen  who  had  been  recommended  to  me,  as  fit 
Persons,  to  be  appointed  Captains  and  subalterns  in  the  3rd 
Regiment  of  Militia. 


496  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

If  the  Commissions  have  reached  you,  I  have  no  doubt,  but 
they  have  been  distributed,  and  I  flatter  myself  the  Gentle- 
men appointed,  have  entered  upon  their  duty,  and  that  there 
exists  a  favorable  prospect  of  Organizing  the  Militia  in  your 
County. 

I  had  promised  myself  the  pleasure  of  visiting  Washington 
District  the  present  fall,  but  am  prevented  by  my  (necessary) 
personal  attention  to  some  publick  business  in  this  quarter  of 
the  Territory. 

I  am  desirous  to  learn  the  extent  of  Territory  in  Washington 
District,  to  which  the  Indian  claim  has  been  extinguished,  and 
the  supposed  quantity  and  quality  of  vacant  Land.  Any  infor- 
mation which  you  can  give  me  on  this  subject  will  be  thankfully 
received. 

I  shall  be  happy  to  hear  from  you  on  the  return  of  Judge 
Lewis.1 

Accept  my  best  Wishes, 

I  am  Sir,  very  respectfully 

Your  Hble  Servt — 
(Signed) 

William  C.  C.  Claiborne 


To  Nathaniel  Christmas. 

Near  Natchez  September  9th  1802 
Dear  Sir, 

I  should  have  been  happy,  to  have  visited  Washington  County, 
the  present  fall,  and  had  promised  myself  that  pleasure,  but  I 
am  prevented  from  necessary  attendance  in  this  Quarter  of  the 
Territory  on  some  Publick  Business 

I  shall  esteem  it  a  favour,  if  you  would  furnish  me,  with  the 
best  information  you  can  obtain  as  to  the  extent  of  Territory  on 

1  Judge  Lewis  held  the  territorial  court  for  Washington  District. 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  497 

the  Mobile,  to  which  the  Indian  Claim  has  been  extinguished,  and 
the  supposed  Quantity  and  Quality  of  the  vacant  Land. 

On  the  return  of  Judge  Lewis  I  shall  expect  to  receive  your 
answer. 

Accept  my  best  wishes. 
I  am  Sir 
Very  respectfully 

your  Hble  Serv — 

William  C.  C.  Claiborne— 


To  Richard  Lee,  Clerk  of  Washington  County. 

Near  Natchez,  September  10th —  1802 
Sir, 

I  have  enclosed  you,  several  Hand  Bills,  addressed  to  the 
Claimants  of  Land,  within  the  Mississippi  Territory,  and  I  will 
thank  you,  to  have  them  posted  up,  at  the  most  Publick  places  in 
your  County. 

The  Claims  to  be  filed,  I  would  wish  to  be  drawn  upon  sepa- 
rate pieces  of  paper,  with  the  name  of  the  Claimants  annexed, 
and  as  they  are  delivered  to  you,  it  is  proper,  to  Class  them  under 
their  several  Heads,  in  manner  following — to-wit — 

Letters  on  the  twenty  seventh  day  of  October  one  thousand 
seven  hundred  and  ninety  five  holding  under  British  Grants. 

Letters  on  the  twenty  seventh  day  of  October  one  thousand 
seven  hundred  and  ninety  five  Claiming  by  any  actual  survey 
or  settlement,  made  under  the  act  of  Georgia,  commonly  called 
the  Bourbon  Act. 

The  different  Claims  being  placed  into  different  packets,  may 
be  put  up  in  one  bundle  and  Labeled  "Claims  falling  under  the 
second  article  of  the  Agreement  between  the  U.  States  and 
Georgia 

32 


498  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

With  respect  to  the  other  species  of  Claims  mentioned  in  the 
Hand  Bill,  you  will  be  pleased  as  they  are  delivered  to  Class  them 
in  the  same  regular  manner  under  their  different  heads  and  they 
may  be  put  in  a  bundle,  to  be  labelled 

"Claims  not  falling  under  the  Guaranty  of  the  second  Article 
"of  Agreement." 

By  the  first  opportunity  after  the  first  of  November,  you  will 
be  pleased  to  forward  to  me,  the  Claims  which  have  been  filed. 

I  am  aware  that  this  business,  will  be  attended  with  much 
trouble,  but  after  the  duty  is  performed,  I  shall  ask  permission 
of  the  Secretary  of  State,  to  make  you  some  compensation,  for 
your  personal  services. 

As  to  the  manner  of  Drawing  up  the  Claims,  the  Hand  bill, 
will  be  the  best  guide.  The  Source  from  whence  the  Claim 
arose,  and  the  dates  of  the  Titles  must  be  particularly  noticed, 
and  where  actual  settlements  strengthen  the  Claim,  the  period 
when  the  settlement  was  made  must  be  stated. 

I  am  Sir  very  respectfully 

Your  Ob1^-  Servi^- 

(Signed)  William  C.  C.  Claiborne. 


To  the  Governor,  from  James  Madison. 

Department  of  State  July  26th.  1802 
Sir; 

Herewith  enclosed  is  a  copy  of  the  agreement  entered  into 
on  the  24th  of  April  last  between  the  Commissioners  of  the  part 
of  the  United  States,  and  those  on  the  part  of  Georgia,1  duly  au- 
thorized for  that  purpose,  which  agreement  was  ratified  by  the 
Legislature  of  that  State  on  the  16th  of  June  last. 

1  United  States  Commissioners,  James  Madison,  Albert  Gallatin,  Levi 
Lincoln.  Commissioners  for  Georgia,  James  Jackson,  Abraham  Baldwin, 
John   Milledge. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  499 

According  to  the  Act  of  Congress  of  May  10th  1800  the  Com- 
missioners of  the  United  States  authorized  to  settle  the  terms 
of  a  Compromise  with  the  State  of  Georgia,  are  further  author- 
ized to  enquire  into  the  Claims  which  are  or  shall  be  made  by  set- 
tlers or  any  other  persons  whatever,  to  any  part  of  the  Land,  in 
Question ;  and  to  receive  from  the  Claimant,  propositions  of  Com- 
promise, and  lay  a  full  statement  of  the  Claim,  and  propositions, 
together  with  the  opinion  of  the  Commissioners  thereon  before 
Congress,  for  their  decision. 

Of  the  Claims  to  be  made,  a  part  is  denned  and  recognized  in 
the  2d  Article  of  the  Agreement,  under  the  Head  of  grants  legally 
Executed  to  actual  settlers  within  the  Territory  ceded  to  the 
United  States  prior  to  the  27th  Octr-  1795  by  the  former  British 
Government  of  West  Florida  or  by  the  Government  of  Spain; 
and  under  the  head  of  Claims  derived  from  any  actual  survey  or 
settlement  made  under  the  Law  of  Georgia  passed  Feby.  7 — 
1785,  entitled  "An  Act  for  laying  out  a  District  situate  on  the 
river  Mississippi  and  within  the  bounds  of  the  State  into  a 
County  to  be  called  Bourbon"  An  extract  from  this  Act  is  also 
herewith  inclosed. 

To  enable  the  Commissioners  to  make  the  proper  report  to 
Congress  on  this  part  of  the  subject,  you  are  requested  to  furnish 
them  with  the  best  information  you  can  obtain ;  first  with  respect 
to  the  extent  of  Territory  both  on  the  Mississippi  and  the 
Mobille,  which  has  been  relinquished  by  the  Indians:  secondly 
with  respect  to  the  claims  recognized  by  the  second  article  of  the 
agreement  with  Georgia.  To  make  this  last  Information  as  ac- 
curate and  full  as  possible,  It  may  be  well,  to  invite  the  Claimants 
by  Public  advertisement  to  file  prior  to  the  first  of  November 
before  the  proper  County  Officers,  the  particular  authority  and 
extent  of  their  respective  claims  and  the  Chain  of  tittle  derived  to 
the  present  Claimant,  from  the  original  tittle;  The  Commission- 
ers hope  that  you  will  be  able  to  state  to  them  particularly  the 
manner  in  which  grants  were  made  and  completed  under  both 
the  British  and  Spanish  Governments;  this  information  being 


500  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

necessary  for  the  use  of  Congress  in  carrying  the  2d  Article  of 
the  agreement  into  due  effect.  Should  it  be  found  impossible  to 
render  the  Information  on  these  points  Complete,  you  will  not- 
withstanding be  pleased  to  forward  the  best  you  can  collect. 

The  other  Claims  to  be  enquired  into  and  and  which  tho'  not 
recognized,  fall  within  the  report  to  be  made  to  Congress,  are 
first,  and  principally,  such  as  are  grounded  on  alledged  grants  of 
Georgia  subsequent  to  the  Bourbon  County  Act.  With  respect  to 
these  claims,  it  is  not  desired  that  you  should  make  any  public 
call  for  information;  but  you  will  oblige  the  Commissioners  by 
enquiring  and  communicating  what  or  whether  any  steps  have 
been  taken  in  behalf  of  the  Claiming  Companies  towards  settling, 
selling  out,  or  surveying  any  part  of  the  Land ;  and  particularly 
whether  any  tract  is  now  actually  occupied  by  any  of  these  Claim- 
ants secondly,  Claims  if  any,  derived  under  the  French  Govern- 
ment previous  to  the  peace  of  1763.  Thirdly.  Claims  derived 
under  the  British  and  Spanish  Governments  previous  to  the 
treaty  of  1795;  but  unaccompanied  by  actual  settlement  at  the 
date  of  the  Treaty.  Fourthly.  Claims  derived  under  the  Span- 
ish Government  by  grants  made  subsequent  to  the  Spanish  Treaty 
of  1795.  Fifthly.  .  Claims  founded  on  the  3d  section  of  the 
Bourbon  County  Act  of  Georgia.  The  four  last  descriptions  of 
Claimants  may  also  be  publicly  invited  to  give  a  statement  of 
their  respective  claims  by  the  first  of  November  that  they  may  be 
transmitted  by  you  in  due  time  with  the  others.  It  is  proper 
that  the  Claimants  in  these  cases  should  be  aware,  that  their 
Claims  not  being  included  in  the  guaranty  of  the  2d  Article  of 
the  compromise  with  Georgia,  the  Consideration  of  them  by  Con- 
gress will  be  barred  by  the  3d  Article  after  the  period  of  one  year 
from  the  assent  of  Georgia  to  the  instruments  of  Compromise. 

In  calling  for  the  information  wished  from  the  Claimants, 
not  included  in  the  guaranty,  it  will  occur  to  you  as  proper  to 
use  a  language  neither  committing  the  Government  on  one  hand, 
nor  damping  expectations  too  much  on  the  other.  It  being  un- 
certain what  degree  of  strictness  or  liberality  may  be  exercised 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  501 

by  Congress,  the  present  measure  must  be  limited  to  the  Col- 
lection of  such  information  as  may  enlighten  or  influence  their 
decision.  With  this  view,  you  cannot  be  too  particular  in  ex- 
plaining the  nature  and  extent  of  the  several  classes  of  Claims, 
to  which  may  be  usefully  added,  the  number  of  persons  who  will 
be  affected  by  the  decision  on  each  Class.  It  may  be  satisfac- 
tory also  to  know  the  General  sentiments  and  expectations  pre- 
vailing in  the  Territory  on  this  subject. 

Should  there  be  claims  of  any  sort  within  the  Territory  which 
have  escaped  the  above  enumerations,  you  will  oblige  the  Com- 
missioners by  adding  a  particular  account  of  them,  as  well  by 
communicating  your  estimates  of  the  General  extent  of  Terri- 
tory not  claimed  by  the  Indians,  of  the  aggregate  quantity  of 
Land  Covered  by  claims  under  the  2d  article  of  the  Compromise, 
and  the  like  aggregate  of  all  other  claims. 

It  need  not  be  suggested  to  you  that  where  records  of  claims 
exist,  suitable  extracts  from  them  will  be  proper  nor  that  it  will 
be  expedient  to  complete  and  transmit  your  communications  with 
as  little  delay  as  possible 

It  only  remains  for  me  to  ask  your  excuse  for  the  heavy  task 
which  is  imposed  on  you,  and  to  assure  you  of  the  great  respect 
&  esteem 

With  which  I  have  the 

honor  to  be,  Sir,  your  ob.  Servt. 

(Signed)  James  Madison 

Governor  Claiborne 


To  James  Madison. 


Mississippi  Territory  Town  of  Washington, 

September  12.  1802 
Sir 

On  the  8th  Instant,  I  had  the  honor  to  receive  your  Commu- 
nication of  the  20th  of  July,  and  on  the  next  day,  I  published  a 


502  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

hand  Bill,  addressed  "to  persons  Claiming  Lands  within  the  Mis- 
sissippi Territory,  and  of  which  the  enclosed  is  a  Copy. — 

In  my  publication,  I  have  endeavored  to  comply  literally  with 
your  instructions,  and  I  trust  the  Language  which  is  used,  can- 
not be  construed  "as  Committing  the  Government  on  one  hand, 
or  damping  expectations,  too  much  on  the  other." 

There  exist  a  variety  of  Tittles  for  Land  in  this  Territory, 
and  I  fear,  it  will  not  be  in  my  power,  to  detail  them  with  accu- 
racy, but  I  shall  carefully  collect  the  best  information,  within 
my  reach,  and  will  make  a  General  Communication  to  you,  on 
the  subject  early  in  November. 

I  find  that  some  designing  men  are  endeavouring  to  impress 
upon  the  Citizens  an  opinion,  that  the  filing  of  their  Claims 
will  be  injurious  to  them;  I  do  not  yet  know  how  far  they 
may  succeed ;  It  is  however  probable,  that  they  may  excite  some 
alarm,  and  prevent  a  General  return  of  Claims. 

Under  cover  of  a  letter,  which  I  addressed  to  you,  on  the 
20th  of  January  last  was  enclosed  a  Communication  made  to 
me,  by  Mr.  Harding,  at  that  time,  the  Attorney  General  for 
this  District,  stating  the  situation  of  some  Claims  for  Land: 
A  Copy  of  Mr.  Harding's  Communication  having  been  mislaid 
in  my  office,  I  will  thank  you  to  furnish  me  with  one  from  your 
files. 

With  great  respect  and 
Esteem 

I  am  Sir 

your  most  obt.  Servt. 

(Signed)         William  C.  C.  Claiborne 

The  Honble —  James  Madison 
Secy  of  State 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  503 

Hand  Bill. 

TO 

PERSONS    CLAIMING    LANDS 

within  the 

MISSISSIPPI  TERRITORY.— 

The  agreement  for  an  amicable  settlement  of  limits  with  the 
State  of  Georgia,  which  was  entered  into  on  the  twenty-fourth 
day  of  April  last,  between  the  Commissioners  of  the  part  of  the 
United  States,  and  those  on  the  part  of  Georgia,  duly  authorized 
for  that  purpose ;  and  in  which  agreement,  Georgia  has  ceded  to 
the  United  (States)  all  her  title  and  claim  to  the  Jurisdiction  & 
soil  of  the  Lands  situated  in  the  Mississippi  Territory,  was  rati- 
fied by  the  Legislature  of  that  State,  on  the  sixteenth  day  of 
June  last. — 

By  the  second  article  of  the  aforesaid  agreement  it  is  de- 
clared— "That  all  persons  who,  on  the  twenty  seventh  day  of 
October,  one  thousand,  seven  hundred  and  ninety  five,  were 
actual  settlers  within  the  territory  thus  ceded,  shall  be  Con- 
firmed in  all  the  grants,  Legally  and  fully  executed  prior  to  that 
day,  by  the  former  British  Government  of  West  Florida,  or 
by  the  Governor  of  Spain,  and  in  the  Claims,  which  may  be 
derived  from  any  actual  survey  or  settlement,  made  under  the 
Acts  of  the  State  of  Georgia,  entitled  "An  Act  for  laying  out 
a  district  of  Land,  situate  on  the  River  Mississippi,  and  within 
the  bounds  of  this  State  into  a  County  to  be  called  Bourbon," 
passed  the  seventh  day  of  February,  one  thousand,  seven  hun- 
dred and  Eighty  five. 

The  undersigned  has  been  directed  to  furnish  the  department 
of  State,  with  the  best  information  he  can  obtain,  as  to  the 
extent  of  the  claims  recognized  in  the  said  article  of  agreement 
with  Georgia.  And  to  enable  him  to  render  his  information 
upon  this  subject  as  accurate  and  full  as  possible,  he  is  instructed 


504  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

to  invite  the  Claimants  falling  under  the  article  aforesaid,  to 
file  prior  to  the  first  day  of  November  next,  in  the  office  of  the 
Clerk  of  the  County  Court,  in  which  the  land  claimed  is  situated, 
the  particular  authority  and  extent  of  their  respective  claims, 
and  the  chain  of  title,  derived  to  the  present  Claimant  from  the 
Original  title;  taking  care  to  note  particularly  their  dates. 

The  Clerks  will  be  directed  to  give  due  attendance  at  their 
offices,  until  the  day  above  mentioned;  and  it  is  hoped,  that 
the  Claimants  whose  Interest  is  so  immediately  involved,  will 
punctually  attend  to  this  invitation. 

There  are  other  Claims  for  Land  in  this  Territory,  which 
the  undersigned  has  also  been  instructed  to  enquire  into  and 
report  the  same,  to  the  department  of  State,  among  which  are : — 

First.  The  claims  (if  any)  derived  under  the  French  Gov- 
ernment, previous  to  the  peace  of  seventeen  hundred  and  sixty 
three. 

Second.  Claims  derived  under  the  British  and  Spanish  Gov- 
ernment previous  to  the  twenty-seventh  day  of  October,  one  thou- 
sand, seven  hundred  and  ninety  five,  but  unaccompanied  by 
actual  settlement  at  that  period. 

Third.  Claims  derived  under  the  Spanish  Government  sub- 
sequent to  the  Spanish  treaty  of  one  thousand  seven  hundred 
and  ninety  five. 

Fourth.  Claims  founded  on  the  third  section  of  the  Act  of 
Georgia,  commonly  called  the  Bourbon  Act,  and  not  accompanied 
by  actual  survey  or  settlement  prior  to  the  twenty  seventh  day  of 
October  one  thousand  seven  hundred  and  ninety  five  and  which 
said  third  section  is  hereunto  annexed. 

The  Claimants,  in  these  cases,  are  also  requested  to  file  with 
the  Clerk  of  the  County,  where  the  land  is  situated,  a  particular 
statement  of  the  nature  and  extent  of  their  Claims,  by  the  first 
day  of  November  next,  and  they  shall  be  transmitted  with  the 
others  to  the  department  of  State.  As  those  descriptions  of 
Claims  are  not  included  in  the  guaranty  of  the  second  article  of 
the  Compromise  with  Georgia,  the  Consideration  of  them  by 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  505 

Congress,  will  be  barred  by  the  third  article  after  the  period  of 
one  year  from  the  assent  of  Georgia  to  the  Instrument  of  com- 
promise; It  is  therefore  highly  necessary,  that  the  persons  in- 
terested, should  without  delay,  make  known  their  Claims,  in 
order  that  the  same  may  be  reported  to  the  Government. 

Those  persons  who  may  be  at  a  loss  for  the  form  of  stating 
the  Claims  to  be  filed,  may  receive  information,  upon  application 
to  the  respective  Clerks. 

(Signed),         William  C.  C.  Claiborne 

Town  of  Washington  September  9th  1802 


Section  3rd —  of  Bourbon  County  Act. 

Extract  from  an  Act,  entitled,  "An  Act  for  laying  out  a  dis- 
trict of  land  situate  on  the  River  Mississippi,  and  within  the 
Limits  of  this  State,  into  a  County  to  be  called  Bourbon. 

Sectn —  3d  And  whereas  it  will  not  be  proper  at  present,  to 
open  a  land  office,  for  the  purpose  of  granting  out  the  lands  in 
the  said  County,  but  nevertheless  it  is  hereby  enacted  and  de- 
clared, that  whenever  that  measure  shall  be  determined  upon 
by  this  or  a  future  Legislature,  there  shall  be  right  of  prefer- 
ence, agreeable  to  the  Laws  of  this  State,  reserved  to  any,  all, 
and  any  honest  and  friendly  possessor  and  possessors  of  the  said 
Lands,  who  shall  be  citizens  of  either  of  the  United  States,  or 
the  subjects  of  any  power  that  was  friendly  to  the  United  States, 
during  the  war:  Provided  such  persons  do  actually  live  on  and 
cultivate  the  said  lands,  or  a  part  thereof,  and  shall  apply  and 
present  themselves  on  equal  terms  with  other  petitioners. 


506  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Peter  Walker, 

Copy  of  a  Letter  from  the  Governor  to  Peter  Walker  Esquire. 

Town  of  Washington 
September  14th  1802 
Sir, 

Mr.  David  Ker  being  appointed  your  successor  as  Clerk  of 
Adams  County  Court,  you  will  be  pleased  to  deliver  to  him,  all 
the  Records  and  papers  belonging  to  that  office. 
Accept  my  thanks  for  the 
faithful  services  you  have 
rendered  the  publick. — 

I  am  sir  with  respect,  your 
most  obt.  Servt 

William  C.  C.  Claiborne 
Peter  Walker  Esq. 


To  James  Hoggatt. 

Natchez  September  15th  1802 
Sir, 

Upon  your  application,  Captain  Claiborne1  will  deliver  to  you, 
twenty  two  Rifle  Guns,  which  I  wish  you  to  dispose  of  to  such 
of  the  Militia  in  your  neighbourhood,  as  may  be  in  want  of 
Arms  upon  the  following  Conditions —  1st  Every  Citizen  ap- 
plying for  a  Rifle,  must  produce  a  certificate  in  writing  from  his 
Captain,  that  he  is  regularly  enrolled  in  his  Company  and  is 
in  want  of  Arms. 

2d  The  Certificate  being  satisfactory  the  applicant  for  a 
Rifle,  must  pay  for  the  same  fourteen  Dollars,  in  cash,  or  he  must 
give  his  note  (with  his  Captain  as  security)  to  the  Governor  of 

1  F.  L.  Claiborne,  brother  of  the  Governor. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  507 

the  Mississippi  Territory  for  fourteen  dollars  to  be  paid  in  cash, 
or  in  Cotton  delivered  at  Hoggatt's  Gin,  at  cash  price,  on  or 
before  the  first  day  of  February  1802. 

The  certificates  which  may  be  received  you  will  be  pleased 
carefully  to  preserve. 

Accept  my  best  wishes 
I  am  Sir 

Very  respectfully 

Your  obt.  Servt. 

William  C.  C.  Claiborne 
Capt.  James  Hoggatt 


To  Gov.  Claiborne  from  Henry  Dearborn. 

War  Department 
28th  July  1802 
Sir 

I  have  the  honor  to  inform  your  Excellency  that  Mr  Thomas 
Peterkin  has  been  appointed  Factor  for  the  United  States  at 
Chickasaw  Bluffs,  and  will  immediately  proceed  to  the  place  of 
his  destination.  I  assure  myself  that  you  will  afford  him  such 
advice  and  assistance  (on  his  application)  as  ciraumstances  or 
situation  may  render  proper  and  necessary. 

Accept  Sir,  the  assurances  of  my  high  Consideration 
(Signed) 

H.  Dearborn 
His  Excellency  Gov.  Claiborne. 


508  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Henry  Dearborn. 
Copy  of  a  Letter  from  the  Governor  to  the  Secretary  of  War. 

Mississippi  Territory 

Town  of  Washington  September  17  1802 
Sir 

I  have  the  honor  to  enclose  you  "A  General  abstract  of  the 
"number  and  strength  of  the  Militia  of  the  Mississippi  Territory 
"as  taken  from  the  several  Inspection  Returns  for  the  month 
"of  August  1802," —  You  will  discover  that  many  of  the  privates 
are  yet  unarmed,  but  I  flatter  myself,  this  Inconvenience  will 
soon  be  remedied  — The  Rifles  (which  were  sent  me)  are  in  high 
Estimation  among  the  Militia,  and  the  probability  is,  they  will 
all  be  sold,  upon  the  conditions,  I  have  prescribed,  which  are 
as  Follows: — 

First  Every  Citizen  applying  for  a  Rifle,  must  produce  a 
Certificate  in  writing  from  his  Captain,  stating  that  he  is  regu- 
larly inrolled  on  his  Company,  and  in  want  of  Arms. 

Second:  The  Certificate  being  satisfactory,  the  applicant  for 
a  Rifle,  must  pay  for  the  same,  fourteen  Dollars  in  cash,  or  he 
must  give  his  note  for  that  sum  (with  his  captain  as  security) 
to  the  Governor  of  the  Territory,  to  be  paid  in  Money  or  in 
cotton,  at  cash  price,  on  or  before  the  first  day  of  February  next. 

Upon  these  conditions  I  suppose  the  Rifles  will  speedily  be 
disposed  of  to  the  Militia. 

I  fear  the  price  is  too  much  reduced  to  remunerate  the  United 
States,  the  Original  cost,  but  I  found  it  necessary  to  fix  upon  a 
low  price,  to  induce  the  Citizens  to  purchase. 

As  to  the  Muskets,  they  are  in  no  demand  among  the  Citizen 
Soldiers,  and  I  cannot  persuade  them  of  their  utility —  I  have  re- 
ceived from  New  Orleans  163  Rifle  Guns,  and  about  100  stand  of 
Muskets,  from  Fort  Adams,  which  are  at  present  deposited  in  a 
small  Block  House  near  the  Town  of  Washington;  The  Balance 
of  the  Rifles,  will  be  conveyed  to  me  from  New  Orleans  by  the 
first  opportunity. 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  509 

In  looking  over  the  Militia  return  you  will  discover,  that  a 
Brigadier  General  is  wanting  to  complete  the  Establishment,  and 
I  will  thank  you  to  mention  to  the  President  of  the  United  States, 
the  propriety  of  appointing  this  officer. 

The  Brigade  is  at  present  commanded,  by  Colonel  Benajah 
Osmun  of  the  first  Regiment  of  the  Mississippi  Militia,  and  I 
must  ask  the  liberty,  to  recommend  this  Gentleman,  for  the  ap- 
pointment of  Brigadier  General;  he  is  an  honest  man,  and  a 
valuable  officer,  was  a  Captain  in  the  New  Jersey  line,  during  the 
Revolutionary  War,  and  served  with  reputation,  and  from  his 
military  experience  and  Great  Zeal  for  the  good  of  the  service, 
I  have  already  received  from  him,  much  assistance  in  Organizing 
the  Militia. 

Your  Letter  of  the  28th  of  July,  announcing  the  appointment 
of  Mr-  Peterkin,  as  Factor  for  the  United  States,  at  the  Chicka- 
saw Bluffs,  I  have  had  the  honor  to  receive,  and  I  shall  with 
promptitude  and  pleasure  give  to  Mr  Peterkin  "such  advice  and 
assistance  on  his  application  as  circumstances  or  situation  may 
render  necessary  and  proper." 

The  Report  of  Mr.  Dinsmore's  misfortune  which  I  mentioned 
to  you  in  my  last  in  confirmed —  It  seems  he  was  wounded  in  a 
Duel,  at  the  mouth  of  Bear  Creek  by  a  Captain  Johnson  of  the 
Army,  and  by  the  last  account,  his  life  was  dispaired  of : 

Accept  Sir  assurances  of  my 

Respectful  Consideration 

William  C.  C.  Claiborne 
The  Honble— 

H.  Dearborn 


510  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Mathew  Tierney.1 

Town  of  Washington  September 

19th  1802 
Sir 

Twelve  or  fourteen  days  ago,  I  addressed  you  a  Letter  in 
which  you  were  invited  to  attend  at  my  House  on  Business  of 
some  importance —  From  your  delay  in  coming  down  the  proba- 
bility is  that  My  Letter  has  miscarried,  and  I  find  myself  under 
the  necessity  of  dispaching  a  special  Messenger  to  your  House. 

The  enclosed  packet  contains  thirty  hand  Bills,  addressed  to 
the  Claimants  of  Land  in  this  Territory,  and  your  Instructions, 
which  are  also  herewith  forwarded,  will  point  out  to  you,  the  part 
I  wish  you  to  act. 

I  am  aware  that  the  task  imposed  upon  you,  will  prove  trou- 
blesome, but  I  am  certain  you  will  execute  it  with  fidelity. 
With  great  respect  and  regard 
I  am  Sir 

Your  Hble  servt 

William  C.  C.  Claiborne 


Instructions  to  Clerks  of  County  Courts. 

The  following- 
Instructions  were  given  by  the  Governor  to 
the  Clerk  of  each  County  Court  within  the  Mississippi  Territory 

1  Your  are  furnished  with  thirty  Hand  Bills,  addressed  to 
"Persons  Claiming  Lands  within  the  Mississippi  Territory" 
which  you  will  have  posted  up,  at  the  most  publick  places  in  your 
County. 

2d  You  will  let  it  be  known,  where  your  office  will  be  kept, 
and  you  will  attend  yourself  at  the  office,  or  have  some  person 

1  Clerk  of  Claiborne   County. 


the      rr^ 

GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  511 

there  to  act  for  you,  Every  day,  Sundays  excepted  untill  the  first 
of  November  next 

3d  You  will  file  no  claim  unless  the  name  of  the  Claimant 
or  his  agent,  be  annexed  to  the  discription  of  the  Claim. 

4th  As  the  Claims  are  delivered  in  you  will  Class  them 
under  their  several  heads  in  manner  following  towit 

Settlers  on  the  27th  of  October  1795  claiming  under  Spanish 
Grants 

Settlers  on  the  27th  of  October  1795  claiming  under  British 
Grants 

Settlers  on  the  27th  of  October  1795,  claiming  under  an  Act 
of  Georgia  commonly  called  the  Bourbon  Act 

Those  different  claims  you  will  carefully  put  up  into  seperate 
Bundles. 

5th  With  respect  to  the  other  discription  of  Claims  men- 
tioned in  the  Hand  Bill  you  will,  as  they  are  delivered,  class  them 
in  the  same  regular  manner  under  their  different  heads  and  place 
them  in  Different  Bundles 

6th  Upon  application  you  will  give  information  as  to  the 
form  of  describing  a  Claim,  and  for  that  form,  the  Hand  Bill 
will  be  your  best  guide ;  the  source  from  whence  the  claims  arose 
and  the  dates  of  the  Titles  must  be  particularly  noticed  and  when 
an  actual  settlement  strengthens  the  Claim  the  period  when  the 
settlement  was  made  must  be  stated 

7th  If  a  loose  and  uncertain  description  of  a  Claim  should 
be  offered  you  will  point  out  its  defects,  and  endeavour  to  have 
them  rectified. 

8th  On  the  morning  of  the  first  of  November  you  will  set 
out  yourself  or  send  a  Confidential  person  with  the  Claims  which 
may  be  filed  to  my  office. 


512  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  David  Rawn. 
Copy  of  a  Letter  from  David  Rawn. 

Treasury  Department 

Comptroller's  office 
August  13th  1802 
Sir 

In  consequence  of  the  Comptroller's  absence  from  the  seat  of 
Government,  it  becomes  my  duty  to  acknowledge  the  receipt  of 
your  letter  dated  the  1st  ultimo,  accompanied  by  an  account  for 
stationary  furnished  your  office  during  six  months  ending  on 
the  30th  of  June  last. 

As  the  accounts  for  stationary  and  other  contingencies  have 
heretofore  been  rendered  and  settled  in  the  name  of  the  secretary 
of  the  Mississippi  Territory  it  appears  necessary  for  the  Treasury 
to  be  informed  whether  this  be  a  part  of,  or  in  addition  to 
the  Claims  which  may  be  exhibited  for  contingencies,  by  that 
officer.  Be  good  enough  to  favor  me  with  an  early  reply 
I  have  the  honor  to  be  sir 
With  great  respect 

your  obt.  servt. 

David  Rawn 

Pr.  Clk 
William  C.  C.  Claiborne  Esquire 


To  David  Rawn. 


Mississippi  Territory 
Town  of  Washington  septr.  21st —  1802 
Sir 

Your  Letter  of  the  13th  ultimo  reached  me,  on  last  evening 
and  in  reply  thereto  I  have  the  honor  to  inform  you,  that  the  ac- 
count rendered  for  stationary  furnished  my  office,  for  six  months, 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  513 

ending  on  the  30th  of  June  last,  will  not  be  included  in  any 
Claim  which  may  be  exhibited  for  Contingencies  by  the  secre- 
tary for  this  Territory. 

From  the  commencement  of  the  present  year,  stationary  has 
been  furnished  my  office,  upon  my  own  order  and  if  it  be  not  in- 
consistent with  the  Rule  of  proceeding  at  the  Treasury  I  shall 
in  future  render  a  General  account  of  expenditures  for  station- 
ary, office-Rent,  and  other  contingent  expenses  in  this  Terri- 
tory. 

It  appears  to  me,  that  the  Government  ought  to  be  held  re- 
sponsible, for  the  Contingent  expences  of  this  Department  and 
that  it  might  be  proper,  for  all  charges  falling  under  that  head 
tc  be  rendered  by  and  settled  in  the  name  of  the  Governor 
I  have  the  honor  to  be  Sir 

With  great  respect 

your  obt  Servt. 

William  C.  C.  Claiborne 
David  Rawn  Esq 

Pr.  Clk  comptroller's  office 


Appointments  of  Various  Officers. 

October  1st  1802. 

During  the  last  three  months,  the  Governor  made  the  follow- 
ing appointments 

In  ADAMS  COUNTY. 

James  Guice 

James  Nelson  Justices  of  the  Peace 

F.  L.  Claiborne 

David  Ker  Clerk  of  the  County  Court  vice 

Peter  Walker  removed. 

William  Nelson  Coroner  vice  W.  Brooks 

resigned. 

33 


514  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

In  WILKINSON  COUNTY. 
Joshua  Baker  Coroner. 

In  WASHINGTON  DISTRICT. 

Thomas  Malone  Clerk  of  the  superior  Court. 

Nicholas  Perkins  Attorney  General 

For  militia  appointment  during  the  last  three  months,  refer- 
ence may  be  had  to  the  office  of  the  Brigade  Inspector  where  they 
are  duly  recorded. 


To  Gov.  Claiborne  from  James  Wilkinson. 

Fort  St.  Stephens1  Sept-  18  1802 
Dear  Sir 

Prosecuting  my  Orders  relative  to  the  Chactaws,  I  descended 
the  Tallapousir  and  the  Alabama  Rivers,  and  arrived  at  Fort 
Stoddard  the  11th  Inst,  where  I  found  the  letter  you  were  so 
good  as  to  forward  me  to  that  place —  The  illness  of  the  officers  of 
that  fort  detained  me  untill  the  15th,  I  reached  this  place  a  few 
Minutes  since,  in  season,  Just  so,  to  avail  myself  of  the  opportu- 
nity by  Mr  McGrew  to  drop  you  this  line,  and  to  recommend  to 
your  particular  attention  the  letter  enclosed,  the  prompt  arrival 
of  which  to  its  destination,  is  important  to  the  public  service ;  my 
time  will  not  permit  details,  but  having  advised  that  my  Orders 
from  Government  should  be  enclosed  to  you,  it  is  material  you 
should  be  informed,  that  I  proceed  hence  by  Water  to  fort  Con- 
federation2 on  this  River  from  thence  to  the  point  where  the 
Agent  may  have  convened  the  Indians,  there  to  remain  not  longer 
than  the  10th  of  next  month,  after  which  I  shall  proceed  by  the 

1  On  the  Tombigbee  River,  erected  by  the  Spaniards  in  1789. 
'TJp  the  river  from  St.  Stephens 


GOVERNOR  WILLIAM  C.   C.   CLAIBORNE.  515 

shortest  Rout  to  the  mouth  of  the  Yarsou  River,  to  commence 
the  resurvey  and  remarking  of  the  old  line  of  Limits —  This  is 
my  intention  &  I  can  see  no  obstacle  to.  the  extention,  at  the 
same  time  that  I  flatter  myself,  I  shall  be  able  to  promote  meas- 
ures, more  extensive  in  their  salutary  consequences  to  this  Ter- 
ritory &  the  United  States — 

I  have  with  me  the  Indian  Goods  which  you  forwarded  to 
Fort  Stoddart,  the  transport  of  which  by  water  250  Miles  beyond 
this  point,  will  test  the  navigation  of  this  stream  —  I  have  found 
the  Alabama  bolder  and  more  safe  than  the  Ohio,  tho'  not  more 
than  one  fourth  its  width.  — I  am  here  on  tide  water  &  am 
assured  I  shall  take  the  swell  of  the  Ocean  with  me  sixty  miles 
higher. 

I  left  Charleston  a  little  more  than  a  month  since  and  passed 
by  savanah,  where  I  left  the  amiable  Governor  Tattnal  ill  in 
Bed,  &  poor  Jackson,  whose  wound  has  been  closed  before  it 
was  properly  cleansed,  in  a  situation  at  once  painful  &  danger- 
ous.—  I  have  not  time  for  more  than  my  best  wishes  to  &  for 
you  and  yours 

Your  Friend 

(Signed)  Ja  Wilkinson 

Govr  Claiborne 


To  James  Wilkinson. 

Town  of  Washington 

October  the  3d  1802 
Dear  Sir 

A  few  days  ago  I  had  the  honor  to  receive  your  communi- 
cation of  the  18th  ultimo,  together  with  the  Letter  enclosed, 
which  was  immediately  forwarded  to  its  destination 

I  fear  Mr  Dinsmore's  absence  from  the  nation,  will  prove  in- 
jurious to  your  mission,  or  at  least  delay  the  execution  of  your  in- 
tention.— 


516  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  letter  you  addressed  to  Mr.  Dinsmore  some  time  since, 
and  which  came  under  cover  to  me,  was  transmitted  to  John 
Pitchlinn,  with  instructions,  that  if  the  agent  had  not  arrived 
he  (Pitchlinn)  should  open  the  Letter,  and  comply  with  its  con- 
tents ; —  I  hope  that  thro'  this  Channel  the  Choctaw  Chiefs,  have 
been  advised  of  your  approach,  and  may  readily  be  convened  in 
Council 

The  only  information  I  have  received  from  the  Government, 
in  relation  to  your  orders,  was  contained  in  a  Letter  from  the 
Secretary  at  War,  of  the  7th  of  June  last;  speaking  on  the  sub- 
ject of  the  line,  the  Secretary  writes  thus  "General  Wilkinson 
has  received  directions  from  this  Department  to  superintend  the 
preambulating  the  boundary  line  between  the  Mississippi  Terri- 
tory and  the  Choctaw  nation,  but  as  some  doubts  arise  respecting 
this  line,  he  will  not  proceed  in  this  Business  unless  the  Choctaws 
will  first  consent  to  accept  of  some  reasonable  sum  to  establish 
the  line  which  was  agreed  on  Between  that  nation  and  the  British 
Government  in  a  Treaty  which  was  held  some  time  before  the 
Spanish  Government  came  last  into  possession  of  the  Floridas. 

Should  General  Wilkinson  succeed  with  the  Choctaws  in  ob- 
taining their  Consent  (and  of  which  you  will  be  informed)  I  have 
to  request  that  your  Excellency  will  appoint  som  capable  person 
to  assist  him  as  a  surveyor,  and  also  to  procure  chainmen,  pack- 
horses  provisions  and  stores,  on  the  most  reasonable  terms ;  Your 
Bills  on  this  Department  for  any  expence  which  you  may  incur 
in  the  Business  will  be  accepted  and  paid  on  the  shortest  notice." 

So  soon  therefore  as  I  am  informed,  that  the  object  of  your 
mission  is  accomplished,  I  will  with  promptitude  execute  the 
duty  required  of  me —  But  previous  to  making  any  arrangement 
on  my  part,  it  would  afford  me  great  pleasure  to  confer  person- 
ally with  you  on  the  subject,  and  I  do  hope,  you  may  find  it  con- 
venient to  pay  me  a  visit  before  the  retracing  of  the  line  is  com- 
menced—  I  would  willingly  meet  you  at  the  mouth  of  the  River 
Yarsou  but  there  is  at  present  no  Secretary  in  this  Territory, 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  517 

to  whom  I  could  commit  the  Burthens  and  Cares  of  the  Executive 
Branch  of  this  Government. 

I  am  glad  you  carried  with  you  to  the  Nation  the  Indians 
goods  which  I  forwarded  to  Fort  Stoddart  and  I  flatter  myself, 
you  have  directed  their  distribution. 

In  consequence  of  the  absence  from  the  Nation,  of  the  agent, 
I  am  intirely  uninformed  of  the  present  State  of  the  Choctaw 
agency,  I  sincerely  regret  the  misfortune  which  befel  Mr  Dins- 
more  on  his  Journey  but  his  conduct  surely  was  very  imprudent. 

Accept  of  my  best  wishes 

I  am  Dear  Sir 

Your  Friend  sincerely 

William  C.  C.  Claiborne 
General  Wilkinson. 


To  Gov.  Claiborne  from  John  McKee. 

Mount  Dexter  Sep.  12.  1802 
Sir 

Information  has  been  given  here  that  the  white  people  are  set- 
tling in  advance  of  the  Rocky  spring  Eastward. —  That  place 
has  heretofore  been  pretty  generally  considered  as  a  point  thro' 
or  near  which  the  line  would  pass —  But  wherever  it  may  pass, 
as  it  is  soon  to  be  retraced  &  remarked,  any  extention  of  settle- 
ment at  this  time  will  create  uneasiness  in  the  nation  and  tend 
to  embarrass  the  commissioners  in  retracing  it. 

I  am  induced  to  obtrude  these  observations  on  your  excellency 
from  a  report  that  these  new  settlements  have  excited  consid- 
erable uneasiness  in  the  upper  town  District,  to  such  a  degree 
that  I  fear  the  settlers  will  not  be  safe  till  the  line  is  ascertained. 


518  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Mr  Dinsmoor  has  not  yet  arrived  here  and  my  last  accounts 
are  unfavourable  to  the  Hope  of  his  recovery 
I  am  respectfully 

Your  Excellency 

obedient  servant 

(Signed)         John  McKee 
His  Excellency 
Governor  Claiborne 


To  Daniel  Burnett. 

Near  Natchez  October  3d  1802 
Sir 

I  have  this  morning  received  information,  that  the  Chactaw 
Indians,  are  greatly  dissatisfied  in  consequence  of  some  settle- 
ments which  the  white  people  have  lately  made  in  advance  of  the 
Rocky  spring  Eastward  and  that  the  lives  and  properties  of  these 
Settlers  are  in  Danger  of  attack. 

You  will  therefore  proceed  without  delay  to  the  settlements 
alluded  to,  advise  the  people  of  their  danger,  and  direct  them  in 
my  name,  to  retire  with  their  families  and  property  to  some 
place  at  least  one  mile  on  this  side  of  the  Rocky  Spring. 

The  old  line  of  limits,  between  the  United  States,  and  the 
Chactaw  Indians,  will  shortly  be  retraced: —  an  opinion  has 
generally  prevailed  among  the  Indians,  that  the  line  would  pass 
at  or  near  the  Rocky  Spring  and  consequently  any  extention  of 
settlement  at  this  time,  cannot  fail  to  excite  uneasiness  in  the 
nation  and  may  embarrass  the  Commissioners  in  Establishing  the 
True  Boundary. 

You  will  read  this  letter  to  the  Citizens,  and  express  to  them 
my  great  desire,  that  a  compliance  on  their  part,  with  my  request, 
may  supercede  the  necessity  of  my  taking  any  further  measures 
on  this  occasion. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  519 

You  will  advise  me  of  the  result  of  your  interview  with  the 
settlers. 

With  respect  and  regard 
I  am  Sir 

Your  most  obt  Hble,  Sert- 

William  C.  C.  Claiborne 
Colo  Daniel  Burnet 


To  Henry  Dearborn. 

Near  Natchez  October  4th  1802— 
Sir 

Enclosed  is  a  Letter  which  I  have  received  fron  General  Wil- 
kinson and  a  Copy  of  my  reply,  as  also  a  Communication  to  me 
from  John  McKee  late  agent  for  the  Chactaw  Nation,  and  a  copy 
of  a  letter  which  (in  consequence  of  Mr  McKee's  information)  I 
addressed  to  Colo.  Daniel  Burnet  of  the  4th  Regiment  of  the  Mis- 
sissippi Militia. 

I  have  the  honor  to  be 
Sir, 

your  Hble —  Servt- 

William  C.  C.  Claiborne 
The  Honble— 

H.  Dearborne 


To  Samuel  Mitchell. 

Near  Natchez  October  4th  1802 
Sir 

On  yesterday  Mr  Goodrich  delivered  to  me,  your  Letters  of 

the  27th,  28th,  29th  of  August,  and  of  the  8th  ultimo,  and  I 

thank  you  for  the  information  they  contain. 


520  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

I  am  pleased  with  your  efforts  to  advance  the  Happiness  of 
the  Chiccasaws  and  I  flatter  myself,  that  the  Habits  of  Industry 
and  of  Civil  life  will  soon  acquire  such  an  ascendency  in  the 
nation,  as  to  banish  from  the  land,  that  attachment  to  Idleness, 
which  has  hitherto,  so  much  impeded  the  progress  of  Civilization 

While  you  exercise  all  the  Means  in  your  power,  to  excite  the 
Chiccasaw  Men  to  agricultural  pursuits,  you  will  be  equally 
Zealous  in  encouraging  a  spirit  of  Domestic  Economy  among  the 
women; —  It  seems  to  me  advisable  that  you  should  continue  to 
supply  them  with  wheels  and  Cards  and  also  to  retain  in  your 
employ  the  weaver. —  If  you  could  induce  a  few  young  Indian 
Girls  to  pass  some  time  with  the  Weaver,  and  he  would  undertake 
to  teach  them,  an  adequate  compensation  for  his  trouble,  may 
be  made  him. —  It  would  also  be  a  prudent  measure  to  place  a 
few  active  Indian  Lads  with  the  Wheele-maker. 

The  desire  which  my  old  acquaintance  Major  George  Cobert1 
has  expressed,  to  have  his  son  educated  in  the  United  States, 
shall  be  communicated  to  the  Secretary  at  War  and  you  shall  be 
advised  of  his  answer. 

A  trading  house  for  the  accommodation  of  the  Chiccasaws,  is 
Established  by  the  United  States  at  the  Bluffs,2  and  I  am  per- 
suaded that  they  (the  Chiccasaws)  will  soon  be  convinced  of 
its  utility. — One  thing  is  Certain,  their  wants  will  be  amply  sup- 
plied, and  upon  more  moderate  terms  than  they  could  be  procured 
from  private  adventurers;  the  article  of  Iron  for  instance  and 
Iron  tools  may  generally  be  procured  at  the  Bluffs,  and  for  a 
price,  not  more  than  sufficient  to  remunerate  the  United  States 
the  Original  Cost. 

So  much  of  the  Indian  intercourse  Law,  as  relates  to  the 
purchase  of  horses  from  Indians,  it  may  be  well  to  give  a  liberal 
construction  to  and  in  the  cases,  which  you  enumerate  where 
travellers  thro'  the  Wilderness  have  had  their  Horses  stolen, 
strayed  or  tired  they  might  be  permitted,  to  obtain  a  supply  in 

1  Halfbreed  chief  of  the  Chickasaws. 
2Present  location  of  Memphis. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  521 

the  Nation,  as  a  Matter  of  necessity,  but  you  will  take  care,  that 
this  privilege  be  not  carried  too  far,  and  the  salutary  provisions 
of  the  Law  evaded  altogether. 

I  am  aware,  that  your  situation  on  the  Road  subjects  you 
to  many  visits  from  travellers,  and  not  infrequently  to  incon- 
venience and  expence;  these  considerations  (and  others  which 
you  enumerate)  may  be  urged  as  Reasons  for  an  increase  of 
salary,  and  will  no  Doubt,  receive  their  due  weight  from  the  sec- 
retary at  war  to  whom  your  Letter  to  me  shall  be  transmitted. 

You  did  right  to  exercise  all  your  influence  to  bring  about 
a  peace  between  Chiccasaws  Chactaws,  and  the  Asages. — By  the 
Treaty  with  Spain  the  United  States  are  bound  to  restrain  the 
Indians  residing  within  her  Limits  from  waring  with  those  Tribes 
situated  situated  within  the  Spanish  Territory —  You  will  there- 
fore persevere  in  your  efforts  to  effect  an  amicable  settlement 
of  differences,  and  I  request  you  to  assure  the  Chiccasaw  King, 
his  chiefs  and  warriors  that  the  President  of  the  United  States 
has  no  greater  wish  than  to  see  the  Chiccasaw  Nation  happy  and 
at  peace  with  all  the  world 

I  am  Sir 

with  great  respect 

your  Hble —  Servt. 

William  C.  C.  Claiborne 
Saml.  Mitchell  Esq 

Agent  for  the  Chiccasaws 


To  Henry  Dearborn. 

Near  Natchez  October  5th  1802 
Sir 

I  have  the  honor  to  transmit  you  several  Letters,  which  I 
have  lately  received  from  the  agent  for  the  Chiccasaw  Nation, 
together  with  a  Copy  of  my  answers. 


522  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Mr  Mitchell  seems  desirous  to  be  remunerated  certain  ex- 
pences,  which  he  has  incurred  in  erecting  a  house  for  his  accom- 
modations and  also  solicits  an  increase  of  salary,  the  Reasons 
offered  in  support  of  his  request,  are  contained  in  his  Letter 
enclosed. 

It  seems  that  Maj.  George  Colbert  a  man  of  Great  influence 
(and  deservedly  so)  among  the  Chiccasaws  desires  that  his  son 
should  be  educated  to  the  Northward,  under  the  Patronage  of 
the  Government; —  I  have  informed  Colbert,  that  his  wishes 
should  be  made  known  to  you,  that  so  soon  as  your  answer  was 
received,  it  should  be  communicated  to  him. 

I  have  understood  that  Mr  Dinsmore  is  nearly  recovered  of 
wound,  and  had  proceeded  on  his  Journey  to  the  Choctaws 

With  sentiments  of  esteem  and  respect 

I  am  Sir 

Your  most  obt.  Hble —  Servt. 

William  C.  C.  Claiborne 
The  Honble— 

H.  Dearborn 

Secty  at  War 


To  Gov.  Claiborne  from  Joshua  Wingate. 

War  Department  August  24.  1802 
Sir 

The  Secretary  of  War  being  absent,  I  have  the  honor  to  ac- 
knowledge the  receipt  of  your  favor  of  the  20th  ulto  covering  a 
draft  of  a  Scite  for  a  Garrison. 
I  am  respectfully  your 

Huml.  Servt- 

Joshua  Wingate  Inr.  C.  Clerk 
His  Excellency 

Wm—  C.  C.  Claiborne 


GOVERNOR  WILLIAM  C.   C.   CLAIBORNE.  523 

To  Gov.  Claiborne  from  Silas  Dinsmore. 

Camp  30th —  mile  south  of  Tennessee 
September  19th  1802 
Sir 

By  detention  &  change  of  rout  to  the  Choctaws,  I  am  run 
short  of  cash,  an  article  difficult  to  be  procured  in  the  Chickasaw 
woods.  Mr  Lenton  the  bearer  has  however  furnished  me  with 
forty  five  dollars  to  answer  my  present  demands,  for  which 
sum  I  have  the  liberty,  without  your  leave,  to  draw  on  you  at 
sight,  &  request  you  to  honour  the  draft  as  it  is  to  meet  the 
Contingent  expenses  of  the  Indian  department  under  your  super- 
intendance.  I  expect  in  about  six  weeks  to  pay  my  respects  to 
your  Excellency  in  person,  &  receive  from  you  instructions,  & 
such  information  &  advice  as  you  may  please  to  give  relative 
to  the  Choctaws  &  their  connections 

I  am  Sir 

your  very  obedient  servant 

Silas  Dinsmoor 
agent  to  the  Choctaws 
His  Excellency 

Governor  Claiborne 


To  Gov.  Claiborne  from  Drs.  D.  &.  W.  Lattimore. 

Natchez, 
October  1:  1802 
Sir, 

We  avail  ourselves  of  the  first  leisure  to  report  to  your  Ex- 
lency,  relative  to  the  occurrences  at  the  small  pox  camp,  which 
was  erected  in  the  spring,  and  for  which,  you  were  pleased  to 
appoint  us  the  attending  Physicians.  The  persons  carried  to  this 
camp,  were  Daniel  Cameron,  Peter  McGachan,  Benjamin  Dill, 


524  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

John  Sranklin, Canary,  Charles  Williams,  Nathan  Thomp- 
son, a  black  man  in  the  charge  of  Mr.  Jeremiah  Routh,  Mrs: 
Crab,  a  young  man  under  Colo :  Gaither,  and  a  negro  boy,  belong- 
ing to  Mrs.  McCabe. — 

The  two  first,  of  the  above  mentioned  persons,  were  as  they 
confess  inoculated  for  the  small  pox,  in  New  Orleans,  and  broke 
out  with  it  on  their  arrival  at  this  place.  The  next  six  took  it 
in  the  natural  way  in  the  aforementioned  town  or  other  parts 
of  his  Catholic  Majesty's  dominions,  and  broke  out  with  it  on 
their  journey  to  or  arrival  in  the  Territory.  The  last  three,  were, 
as  your  Excellency  knows,  inoculated  in  this  town. 

The  five  inoculated  persons  had  the  disease  lightly;  the  other 
six  who  took  it  by  contagion,  had  it  in  general  to  a  degree  of 
dangerous,  and  in  two  cases  of  fatal  severity.  The  deceased  are 
Charles  Williams  and  Nathan  Thompson,  the  former  a  citizen  of 
Kentucky,  the  latter  of  this  Territory.  While  your  Excellency 
deplores  with  us  the  loss  of  these  unfortunate  young  men,  your 
mind,  cannot  be  but  considerably  alleviated  from  this  considera- 
tion, that  the  exercises  of  humanity  have  not  been  wanting  to 
prevent  such  an  issue.  For  your  Excellency's  solicitude,  for  the 
comfort  and  recovery  of  the  afflicted,  has  been  evinced,  as  well 
by  personal  attendance,  at  the  scene  of  their  sufferings  as  by 
official  acts  of  Executive  authority.  To  the  humane  and  provi- 
dent attentions  of  Mr  McCormick,  also  they  are  much  indebted, 
for  a  supply  of  provisions  &c  suitable  to  their  respective  con- 
ditions, and  of  those  who  were  subordinately  employed  for  their 
assistance,  we  know  of  no  injurious  neglect  of  duty.  Upon  the 
whole,  from  all  that  we  could  discover,  from  our  daily  attendance, 
we  conceive  that  no  one  has  ultimately  suffered  through  inat- 
tention, whatever  temporary  inconveniences,  the  occasion  natu- 
rally &  unavoidably  involved. 

In  addition  to  the  eleven  cases  at  the  camp  already  men- 
tioned, four  others  were  afterwards  discovered,  which  appear  to 
have  been  caused  by  imprudent  and  obstinate  visits  to  the  Camp, 
and  by  a  premature  and  unpermitted  departure  of  a  patient  from 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  525 

the  same.     The  first  instance  alluded  to  Mrs.  who  took 

the  disease  herself,  and  afterwards  communicated  it  to  her 
negro  boy,  who  as  we  have  heard,  broke  out  with  it  on  the  Bayou 
Pierre.  The  other  alludes  to  John  Franklin  (a  little  boy)  from 
whom  there  is  great  probability,  the  infection  was  communicated 
to  Miss  Patsey  Kitchen,  from  whom  again  it  was  communicated 
to  her  mother  Mrs.  Kitchen. 

While  reporting  to  your  Excellency  the  conduct  of  those,  who, 
contrary  to  well  known  restrictions  visited  and  left  the  Camp, 
and  thereby  propogated  the  contagion ;  we  cannot  omit  mention- 
ing, the  shameful  elopement  of  Canary,  a  full  week  before  he 
would  have  been  entitled  to  the  legally  requisite  Certificate. 
This  man,  (who  is  an  inhabitant  of  Kentucky)  was  carried  to  the 
camp  while  labouring  under  an  attack  of  great  severity,  and  re- 
ceived all  that  attention  which  his  situation  required;  but  no 
sooner  had  he  experienced  the  salutary  effect  of  his  humane 
treatment  than  he  availed  himself  of  his  recovering  strength  and 
clandestinely  departed  leaving  the  burthen  of  his  expenses  to 
fall  on  the  government,  notwithstanding  he  carried  with  him  sev- 
eral hundred  dollars. 

The  well  known  exertions  which  your  Excellency,  used  to  pre- 
serve this  Territory,  from  the  small  pox,  and  the  influence  you 
have  exercised  in  favor  of  vaccination,  induce  us  to  believe 
that  you  will  be  highly  gratified  to  hear,  that  the  latter  has  pre- 
vented the  ravages  of  the  former,  by  a  very  general  circulation. 
We  conceive  that  two  thirds  of  the  inhabitants  must  have  under- 
gone vaccination ;  and  in  no  one  case,  that  we  have  heard  of  has 
it  produced  mortality ;  it  is  not  easy  to  say  what  might  have  been 
the  fate  of  this  menaced  country,  without  the  advantage  of  this 
invaluable  preventative;  but  it  would  seem  as  if,  its  opportune 
arrival  among  us  was  something  providential.  No  case  of  small- 
pox, as  far  as  we  know,  exists  now  in  the  Territory.  The  vaccine 
virus,  from  an  indispensible  attention  to  the  sick,  we  fear  is  ex- 
tinct also :  it  was  however,  long  enough  in  existence  for  all  those 
who  wished  to  experience  its  beneficial  influence. 


526  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Permit  us,  Sir,  to  avail  ourselves  of  the  present  occasion  to 
declare,  that  we  are  with  sentiments  of  great  respect  your  Ex- 
cellency's most  obedient  Servants 

(Signed)    D.  &.  W.  Lattimore 


To  Drs.  D.  &  W.  Lattimore. 

Town  of  Washington 

October  5 :  1802. 
Gentlemen, 

I  have  the  honor  to  acknowledge  the  receipt  of  your  communi- 
cation of  the  1st.  instant. 

The  establishment  of  the  hospital  camp  was  resorted  to,  as 
a  means  of  securing  the  people  of  the  Territory,  from  an  afflict- 
ing, and  not  unf  requently  a  mortal  malady : —  but  the  timely  in- 
troduction of  the  vaccine  disease,  was  indeed  the  only  effectual 
barrier,  which  could  have  been  interposed,  and  I  am  happy  to 
learn,  that  so  many  of  my  fellow  citizens  have  availed  them- 
selves of  this  invaluable  preventative  against  the  ravages  of  the 
small-pox. 

I  regret  the  death  of  two  young  men  you  have  mentioned,  but 
it  is  a  pleasure  to  me,  to  know,  that  every  attention  was  paid 
them,  which  benevolence  dictated,  and  their  situation  admitted 
of. 

Accept  gentlemen,  my  thanks,  for  the  attention  and  human- 
ity, with  which  the  duty  assigned  you  was  discharged  and  I  pray 
you  to  be  assured  of  my  great  respect  and  sincere  esteem 

I  am  &c 

signed-  -William  C.  C.  Claiborne 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  527 

To  Israel  E.  Trask,  Brigade  Major  of  Militia. 

Town  of  Washington  Octobr  9t.  1802. 
Sir 

You  will  proceed  without  delay  to  the  County  of  Washington, 
on  your  arrival,  you  will  announce  yourself,  to  the  Major  Com- 
manding the  3d  Regiment  of  Militia,  and  desire  him  to  convene 
the  officers  of  the  Regiment,  at  some  Convenient  place,  when  you 
will  attend,  and  perform  the  Duties  required  of  you  by  Law. 

You  will  endeavour  to  impress  upon  the  minds  of  both  officers 
and  privates,  the  safety  which  a  well  regulated  Militia,  would 
afford  to  the  District  of  Washington,  and  to  excite  that  Military 
spirit,  which  can  alone  give  respect  and  energy,  to  our  Militia 
System. — 

You  will  make  no  unnecessary  stay  in  Washington,  and  will 
use  all  due  diligence,  to  return  to  Natchez  by  the  28th  day  of 
November :  on  your  arrival  at  Natchez,  you  will  announce  your- 
self to  me,  and  be  prepared  to  make  a  General  Report  of  the  State 
of  the  Militia,  in  Washington  County. 
Wishing  you  an  agreeable  Tour. 
I  remain. 

with  great  respect, 
Your  Hble  Servt 

William  C.  C.  Claiborne 


To  David  Berry.1 

Town  of  Washington  October  13th  1802 
Sir, 

Complaint  has  been  made  to  me  upon  Oath,  by  Daniel  Graf- 
ton, that  a  party  of  Choctaw  Indians,  eight  in  number,  had  com- 
mited  some  outrages  upon  his  plantation,  and  from  their  threats, 
Mr  Grafton  apprehends  further  injury. — 

interpreter  for  the  Choctaws. 


528  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  Indians  are  supposed  by  Mr  Grafton  to  be  encamped 
near  to  his  corn  field  and  I  wish  you  to  proceed  to  their  camp, 
and  represent  to  them,  the  impropriety  of  their  Conduct. 

I  should  be  glad  to  have  those  Fellows  brought  before  me, 
and  I  wish  you  to  have  recourse  to  all  the  artifices  in  your  power, 
to  induce  them  to  visit  me. 

Mr  Grafton  and  two  or  three  other  men  will  accompany  you, 
if  you  desire  it,  but  you  must  not  permit  the  Indians  to  be 
abused. 

I  will  reward  you  liberally  for  the  trouble  you  may  take  in 
this  Business. 

If  it  is  possible,  without  abusing  the  Indians,  I  hope  you  will 
bring  them  to  me 

I  am  Sir 

your  Hble  Servt. 

William  C.  C.  Claiborne 


To  David  Berry. 

The  Governor  being  informed,  that  the  Indians  could  not  be 
prevailed  upon  to  visit  him,  he  wrote  the  following  Letter  to  Mr. 
Berry. 

Town  of  Washington 

October  13th  1802 
Sir, 

You  will  proceed  immediately  to  the  Indian  Camp,  deliver  to 
them  the  enclosed  talk,  receive  their  answer,  and  report  the  same 
to  me  this  Evening. 

I  am  Sir  your  Hble  Servt — 

William  C.  C.  Claiborne 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  529 

Talk  enclosed  in  preceding  letter. 

A  talk  from  William  C.  C.  Claiborne  Governor  and  Com- 
mander in  chief  of  the  Mississippi  Territory,  to  some  Choctaw 
Indians,  who  are  encamped  near  to  Natchez. 

Brothers. 

I  sent  my  Interpreter  David  Berry  to  you,  on  this  morning, 
with  a  request  that  you  would  come  and  see  me;  but  you  have 
thought  proper  to  decline  doing  so. 

I  will  now  tell  you  Brothers  my  Business  with  you;  I  was 
informed  on  yesterday,  that  you  had  gone  to  a  white  Man's 
House,  and  killed  one  of  his  work  Steers,  wounded  another,  and 
threatened  to  do  him  further  Mischief. 

I  wanted  to  have  you  and  the  white  man  face  to  face,  in 
order,  that  I  might  learn  the  truth:  But  it  seems  you  will  not 
come  near  me. — 

Now  Brothers,  I  must  inform  you,  that  I  do  not  allow  my  peo- 
ple to  treat  a  red  man  amiss,  nor  will  I  suffer  a  red  man,  to  treat 
any  of  my  people  amiss. 

I  will  forget  and  forgive  your  late  bad  Conduct,  upon  one 
Condition,  which  is,  that  you  immediately  depart  for  your  own 
Land,  and  do  no  more  mischief. 

My  Interpreter  David  Berry  will  bring  to  me,  your  answer 

to  this  talk. 

William  C.  C.  Claiborne. 
Town  of  Washington 
October  13th  1802. 


To  Seth  Lewis. 

October  19th  1802 
Dr  Sir, 

Permit  me  to  introduce  to  your  acquaintance  and  friendly 
attention  the  Bearer  Mr  Lewis  Kerr —  This  gentleman  attends 

34 


530  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

you,  to  request  an  examination  touching  his  fitness  to  practice 
as  an  attorney  in  the  several  Courts  of  Law  and  Equity  in  this 
Territory 

Mr.  Kerr  was  desirous  to  wait  upon  you,  previous  to  your  De- 
parture for  Washington,  but  was  prevented  by  indisposition. 
During  your  absence  Mr  Kerr's  health  was  in  a  measure  re- 
stored, &  wishing  to  qualify  as  an  Attorney,  at  the  County  Court 
of  Adams,  upon  his  producing  to  me  the  most  satisfactory 
vochers,  that  he  had  passed  much  time  in  the  study  of  the  Law 
&  had  been  admitted  as  an  attorney  in  many  respectable  Courts, 
I  granted  him  a  Licence,  having  previously  exacted  a  promise 
that  immediately  on  your  arrival  he  would  undergo  an  examina- 
tion before  you. 

Accept  my  Congratulations  on  your  safe  Return  Home,  ac- 
companied with  my  best  wishes 

I  am  Dr  Sir 

Very  respectfully 

Your  mo :  Obt.  Hble —  Servt. 

William  C.  C.  Claiborne 

The  Honble— 

Judge  Lewis 


Warrant  in  Favor  of Phipps. 

October  19th  1802 

The  Governor  signed  a  Warrant  upon  the  Treasurer  General 
for  twenty  four  Dollars  in  favour  of  Phipps,  being  the  sum  due 
him  for  his  services  as  a  Marker  of  the  Road  from  the  Natural 
Boundary  line,  to  the  town  of  Natchez,  as  appeared  by  a  Certifi- 
cate he  produced,  signed  by  Hugh  Davis  and  John  Collins  two  of 
the  Commissioners  for  laying  out  said  Road 


GOVERNOR  WILLIAM  C.   C.  CLAIBORNE.  531 

To  Henry  Dearborn. 

Near  Natchez  20th  October  1802 
Office  of  Superintendant  for  Indian 
affairs. 
Sir 

To  enable  me  to  meet  a  small  draft  of  Mr  Silas  Dinsmoor's, 
on  account  of  the  Choctaw  Agency,  and  to  defray  some  contin- 
gent expences  which  have  arisen  in  the  Indian  department  I  have 
drawn  a  Bill  upon  you  for  one  hundred  Dollars  payable  at  five 
days  sight  to  Samuel  Postlethwait  &  Co  — or  order 
I  am  Sir, 

Very  respectfully 

Your  most  obt —  Servt — 

William  C.  C.  Claiborne 
The  Honble  Henry  Dearborn 
Secty  of  War 


Bill  of  Exchange. 

Copy  of  a  Bill  of  Exchange  Drawn  by  the  Governor  in  favour 
of  Saml.  Postlethwait  &  Co, 

Near  Natchez  October  20th  1802 
Office  of  Superintendant  for  Indian  affairs 
Ex:  100  Dollars 

Sir 

At  five  days  sight  of  this  my  first  of  exchange   (second  of 
same  tenor  and  date  unpaid)  please  to  pay  to  Samuel  Postle- 


532  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

thwait  &  Co  or  order,  one  hundred  Dollars   (value  Received) 
which  charge  as  per  advice  to  account  of 

Sir 

your  Obt.  Servt 

William  C.  C.  Claiborne 
The  Honble 

Henry  Dearborn 
Secy  of  War — 
Washington 


To  Gov.  Claiborne,  from  Wm.  E.  Huling. 

New  Orleans  18th  October  1802 
Sir 

I  have  to  announce  to  you  that  this  day  the  Port  is  shut 
against  foreign  commerce  and  not  against  foreign  commerce 
only,  but  against  the  American  Deposit  in  this  City1 

In  the  decree  posted  up  in  the  public  places  no  mention  is 
made  of  any  other  place  appointed  for  a  Deposit. 

You  will  use  this  information  as  you  may  think  proper 
I  am  with  great  respect 

Your  most  obt.  humble  servt — 

Wm. — E.  Hulings 
Wm—  C.  C.  Claiborne 

Gov  of  the  Mississippi  Territory 
P.S. —  The  Intendant  has  just  now  refused  permission  to 
some  Govt  — Stores  destined  for  Fort  Stoddart,  to  pass  through 
the  Spanish  Territory  free  of  duty.  I  shall  immediately  petition 
the  Governor  on  the  subject,  and  will  communicate  the  result  to 
you. — 

1  This  order  of  October,  1802,  said  to  have  been  issued  by  Intendant 
Morales  without  authority  from  Spain,  was  the  cause  of  great  loss  to  the 
people  of  the  Mississippi  Valley,  and  was  adjusted  only  by  the  Louisiana 
purchase. 


GOVERNOR   WILLIAM   C.   C.   CLAIBORNE.  533 

To  William  E.  Huling. 

Natchez  October  28th  1802 
Sir 

Your  Letter  of  the  18th  Instant,  reached  me  this  Evening — 
The  publication  of  the  Intendant's  is  indeed  an  extraordinary 
Measure. — 

The  22d  Article  of  the  Treaty  between  the  U.  States  and 
Spain,  is  explicit,  and  cannot  admit  of  but  one  construction. 

Before  his  Catholic  Majesty  can  (with  good  faith)  withdraw 
his  permission  to  the  Citizens  of  the  U.  States  to  deposit  their 
Merchandize,  and  effects  in  the  port  of  New  Orleans,  he  must 
assign  some  other  place  on  the  Banks  of  the  Mississippi  for  an 
Equivalent  Establishment. 

Will  you  be  good  enough  to  present  in  person,  the  enclosed 
Letter  to  the  Governor;  It  is  on  the  subject  of  the  Intendant's 
publication. 

Your  Letter  to  me  I  shall  transmit  by  express,  to  the  sec- 
retary of  State. 

I  flatter  myself  that  the  present  difficulties  at  New  Orleans 
will  only  be  temporary 

With  very  great  respect 
I  am  Sir 

Your  Mo:  Obt:  Servt. 

William  C.  C.  Claiborne 

Wm —  E.  Hulings 

Vice  consul  for  the  U.  States  at  the  port  of  New  Orleans 


To  Don  Manuel  de  Salcedo,  Governor  General  of  Louisiana. 

Natchez  October  28  1802 
Sir 

I  have  this  day  been  informed  that  in  a  Proclamation  issued 
on  the  16th-  Instant,  by  the  Intendant  of  the  Province  of  Louisi- 
ana, it  was  announced — "That  the  Citizens  of  the  United  States 


534  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

shall  no  longer  be  permitted  to  deposit  their  Merchandize  and 
effects  in  the  port  of  New  Orleans 

Information  of  an  event  so  immediately  interesting  to  the 
Citizens  of  the  U.  States  led  me  to  peruse  attentively  the  Treaty 
of  Friendship,  Limits  and  Navigation  between  the  United  States 
of  America,  and  the  King  of  Spain,  and  upon  adverting  to  the 
22d  Article  I  found  it  declared  that  "his  Catholic  Majesty  will 
"permit  the  Citizens  of  the  U.  States  for  the  space  of  three  years 
"from  this  time  to  deposit  their  Merchandizes,  and  effects,  in  the 
"port  of  New  Orleans  and  to  export  them  from  thence  without 
"paying  any  other  duty  than  a  fair  price  for  the  hire  of  the 
"Stores,  and  his  Majesty  promises  either  to  continue  this  permis- 
"sion  if  he  finds  during  that  time  that  it  is  not  prejudicial  to  the 
"Interests  of  Spain,  or  if  he  should  not  agree  to  Continue  it 
"there,  he  will  assign  to  them,  on  another  part  of  the  Banks  of 
"the  Mississippi  an  equivalent  establishment. 

I  have  here  quoted  the  words  of  the  Treaty,  and  find  them 
too  explicit  to  require  comment,  or  to  admit  of  a  Doubtful  con- 
struction—  If  therefore  his  Catholic  Majesty  has  discontinued 
his  permission  to  the  Citizens  of  the  United  States  to  deposit 
their  Merchandizes  and  effects  at  the  port  of  New  Orleans,  Will 
your  Excellency  be  good  enough  to  inform  me  whether  any  and 
what  other  place  on  the  Banks  of  the  Mississippi  has  been  as- 
signed (in  Conformity  to  the  Treaty)  for  an  equivalent  estab- 
lishment. 

The  subject  of  this  enquiry,  is  so  interesting  to  the  Commerce 
of  the  United  States,  and  to  the  Welfare  of  her  Citizens,  that  I 
must  request  your  Excellency  to  favour  me  with  an  early  answer 

Accept  assurances  of  my 

great  respect  and  high 

Consideration 

William  C.  C.  Claiborne 

His  Excellency 

Manuel  de  Salcedo 

Governor  General  of  the  Province  of  Louisiana. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  535 

To  James  Madison. 

Near  Natchez, 
October  29th:  1802. 
Sir, 

I  have  the  honer  to  enclose  you  a  letter,  which,  I  last  evening) 
received  from  Wm.  E.  Hulings  vice  Consul,  for  the  United  States, 
at  the  Port  of  New  Orleans,  together  with  a  translation  of  an  Ex- 
tract from  a  publication  made,  by  Juan  Ventura  Morales,  Inten- 
dant  of  the  Province  of  Louisiana  &c :  dated  October  16 :  1802. 

These  dispatches,  announce  "that  the  Port  of  New  Orleans,  is 
shut  against  foreign  commerce  and  the  American  Deposit. 

Not  understanding  from  the  Intendant's  Proclamation,  wheth- 
er or  not,  another  place,  on  the  banks  of  the  Mississippi,  had 
been  assigned  by  his  Catholic  Majesty,  (in  conformity  to  our 
Treaty  with  Spain)  for  "An  equivalent  establishment." 

I  have  by  letter,  (a  copy  of  which,  is  herewith  enclosed)  re- 
quested information,  on  this  point  from  the  Governor  General 
of  the  Province  of  Louisiana. 

The  late  Act  of  the  Spanish  Government  at  N.  Orleans,  has 
excited  considerable  agitation  in  Natchez  and  its  vicinity: —  It 
has  inflicted  a  severe  wound  upon  the  Agricultural  and  Com- 
mercial interest  of  this  Territory,  and  must  prove  no  less  inju- 
rious to  all  the  Western  Country. 

There  being  at  present  an  interruption  in  the  Post  between 
this  Territory  and  Tennessee,  and  supposing  it  of  importance, 
that  the  Government  should  be  early  apprised  of  the  late  event 
at  Orleans,  I  have  forwarded  this  letter,  by  express,  to  Nash- 
ville, where  it  will  be  deposited  in  the  mail. 

I  am  Sir, 

With  sentiments  of  great  respect  &  esteem — 
Your  mo :  obt.  servt : 
(signed)  William  C.  C.  Claiborne 


536  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  James  Madison. 

Near  Natchez 
Novem :  5 :  1802. 
Sir, 

I  have  now  the  honor  to  reply  more  particularly  to  your  letter 
of  the  26 :  of  July  last,  and  to  lay  before  you,  such  information, 
as  I  have  been  enabled  to  collect  in  relation  to  the  various  objects 
of  your  enquiries. 

In  conformity  to  your  request  the  claimants  of  land  (of  the 
descriptions  you  mention)  were  invited  "by  public  advertisement 
to  file  prior  to  the  first  day  of  November,  before  the  proper 
County  Officers,  the  Clerks  of  the  different  County  Courts,  the 
particular  authority  and  extent  of  their  respective  claims,  and 
the  chain  of  Title  derived  to  the  present  claimants  from  the  Ori- 
ginal Title. 

I  had  flattered  myself  that  the  acquiescence  with  this  invita- 
tion would  have  been  such,  as  to  have  afforded  ground  for  accu- 
rate estimates; —  But  from  various  causes,  the  returns  are  not 
so  general  as  I  had  wished.  Some  few  claimants,  whose  titles, 
I  have  reason  to  believe,  are  fully  and  legally  executed,  have 
omitted  to  state  them,  either  thro'  inattention,  or  from  an  unac- 
commodating disposition,  and  there  are  some  others,  who  have 
avoided  exhibiting  their  claims  (probably)  from  an  unwilling- 
ness to  expose  their  weakness,  and  a  fear  produced  by  a  report, 
which  some  designing  characters  circulated  with  industry,  that 
the  call  for  titles,  was  intended  to  work  their  immediate  injury: 
—  Having  premised  thus  much,  with  a  view  to  apprise  you,  that 
the  return  of  claims  which  accompany  this  letter,  is  (A)  not  en- 
tirely complete: —  I  will  proceed  to  notice  your  enquiries  in  the 
order,  you  have  placed  them. 

First 

With  respect  to  the  extent  of  Territory  both  on  the  Mis- 
sissippi and  the  Mobile,  which  has  been  relinquished  by  the  In- 
dians. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  537 

Until  the  boundary  line  between  the  United  States  and  the 
Choctaw  Indians,  shall  have  been  retraced  and  plainly  marked, 
(a  work,  which  I  understand  will  shortly  be  executed,  under  the 
direction  of  General  Wilkinson)  the  quantity  of  land,  to  which 
the  Indian  claim  has  been  extinguished,  cannot  be  correctly  as- 
certained, but  from  the  best  information  in  my  possession,  I 
do  conjecture  that  there  may  be  on  the  Mississippi,  two  thousand 
five  hundred  square  miles,  or  about  one  million  six  hundred 
thousand  acres,  which,  comprehend  the  counties  of  Jefferson, 
Adams,  Wilkinson  and  Claiborne. — 

On  the  Mobile,  I  do  also  conjecture,  without  pretending  to 
accuracy  there  may  be  about  four  thousand  six  hundred  square 
miles,  or  near  three  Million  of  Acres,  which  compose  the  County 
of  Washington. — 

The  greater  part  of  the  land  on  the  Mississippi,  above  alluded 
to,  is  fertile,  and  well  adapted  to  cultivation : —  Of  the  three  mil- 
lions of  acres  on  the  Mobile  there  are  supposed  to  be  near  two 
millions  of  pine  barrens,  little  of  which,  is  susceptible  of  Culture, 
the  balance  is  said  to  be  good  land,  and  I  am  informed  that  most 
of  it  may  be  cultivated  to  advantage. 

A  small  map  of  the  settled  country  adjoining  the  Mississippi, 
marked  (No:  1.)  and  a  map  of  the  land  in  Washington  County, 
to  which  the  Indian  claim  has  been  extinguished  marked  (No:  2) 
are  herewith  enclosed. 

Second 

With  respect  to  the  claims  recognised  by  this  second  article 
of  agreement  with  Georgia! 

I  will  class  these  claims  under  three  distinct  heads. 

1st:  Grants,  to  persons  who  were  actual  settlers,  within,  the 
ceded  Territory,  on  the  27  of  October  1795,  legally  and  fully  exe- 
cuted, prior  to  that  day  by  the  former  British  Government  of 
West  Florida.  The  packet  marked  (A)  contains  all  the  claims 
of  this  description  which  have  been  filed. 

2nd.  Grants  to  persons  who  were  actual  settlers  within  the 
ceded  Territory  on  the  27:  of  October  1795,  legally  and  fully 


538  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

executed  prior  to  that  day,  by  the  Government  of  Spain,  (this 
species  of  Titles  is  numerous)  the  packets  marked  (B)  contains 
all  which  have  been  filed. 

3rd.  Claims  of  persons  who  were  settlers  within  the  ceded 
Territory,  on  the  27 :  Oct :  1795,  derived  from  actual  survey^  or 
settlements  made  under  the  law  of  Georgia;  passed  February 
7:  1785,  commonly  called  the  Bourbon  Act: —  The  packet  (C.) 
contains  all  the  claims  of  this  class  which  have  been  filed.  Few 
of  these  claimants  alledge  to  have  made  actual  surveys:  — It 
would  have  been  unsafe  to  have  done  so,  during  the  existance  of 
the  Spanish  Government,  but  they  rely  upon  the  settlements 
which  they  formed  by  a  verbal  permission  from  the  then  exist- 
ing Government,  and  the  invitations  held  out  by  the  State  of 
Georgia,  in  the  Bourbon  Act. 

Among  the  titles  recognised  in  the  agreement  of  compromise 
with  Georgia,  there  will  arise  a  few  which  clash,  (viz)  lands 
claimed  by  different  persons,  under  British  and  Spanish  titles 
who  were  both  settlers  in  the  Territory  on  the  27 :  of  Oct :  1795 ; 
This  will  be  found  to  have  been  occasioned  by  one  of  two  causes : 
The  British  proprietor  did  either  not  reside  in  the  Territory, 
or  being  present  had  not  complied  with  the  conditions  of  his  pat- 
ent at  the  time  of  regranting  by  the  Spanish  Government. 

I  have  endeavoured  to  inform  myself  as  to  the  manner,  in 
which  Grants  were  made  and  completed  under  both  the  British 
and  Spanish  Governments.  Under  the  British  Government 
Grants  were  sometimes  issued  by  the  King  himself,  but  more  fre- 
quently by  his  Representatives  the  Governor  of  West  Floriaa. 
The  former  title  was  conferred  for  some  signal  services  rendered 
by  an  individual,  the  latter  title  which  was  the  more  usual,  was 
obtained  in  the  following  manner? —  The  applicant  for  land  pre- 
sented a  petition  to  the  Governor  and  Council  of  West  Florida, 
upon  the  petition  being  granted,  an  Order  from  the  Governor,  to 
the  Surveyor  General,  of  the  province  was  given  which  was  called 
the  Warrant  of  Survey,  when  the  survey  was  completed  and  re- 
turned to  the  Secretary's  office  the  Patent  issued.    It  frequently 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  539 

happened,  that  by  delay  in  the  office  occasioned  by  various  cir- 
cumstances, and  in  some  instances  by  reason  of  the  Spanish  Con- 
quest of  Florida,  those  persons  who  had  obtained  Warrants  and 
paid  the  price  of  surveying  never  acquired  a  complete  Patent 
I  have  procured  a  copy  of  a  British  Patent,  which  is  herewith 
enclosed  marked  (No.  3.)  The  manner  of  obtaining  titles  under 
the  Spanish  Government  was  similar  to  the  last  mode  of  British 
Grant.  The  applicant  for  land,  applied  by  petition  to  the  Span- 
ish Governor  General  of  Louisiana ;  or  the  Governor  at  Natchez. 
If  the  petition  was  granted,  an  order,  in  writing  was  given  to 
the  Surveyor  General  (whcih  was  called  the  Warrant)  to  survey 
and  put  the  Petitioner,  in  possession  of  a  certain  quantity  of 
land  (which  was  named)  on  the  return  of  the  survey,  to  the  office 
of  the  Secretary,  for  the  province  of  Louisiana,  at  Orleans  a 
formal  Patent,  with  the  plat  and  certificate  of  survey  prefixed 
was  issued,  and  signed  by  the  Governor  General  of  of  the  Prov- 
ince of  Louisiana.  In  this  case  also  delay  in  the  intermediate 
steps,  sometimes  prevented  persons,  who  had  procured  Warrants 
of  Survey,  and  were  in  complete  possession  of  the  land  from  ob- 
taining perfect  patents: —  A  Copy  of  a  petition  Warrants  of 
Survey,  and  Spanish  Patent  is  herewith  enclosed  marked  No :  4 : 

I  will  now  proceed  to  notice  other  claims  not  recognised  in 
the  agreement  of  compromise,  but  concerning  which  you  request 
information. 

First  .  .  .  With  respect  to  claims  grounded  on  the  alledged 
grants  of  Georgia,  subsequent  to  the  Bourbon  Act: 

I  cannot  learn  that  any  tract  of  land  is  now  occupied  by  any  of 
those  purchasers  or  by  persons  claiming  under  them : —  A  Copy 
of  an  Original  letter,  upon  the  subject  of  the  Georgia  Sale  dated 
at  Boston,  October  1.  1799,  signed  by  several  persons  stiling 
themselves  "Agents  for  the  proprietors  of  Georgia  lands"  ad- 
dressed to  some  respectable  Citizens  in  this  Territory,  together 
with  a  copy  of  the  Answer  which  was  returned  thereto,  are  here- 
with enclosed  Marked  No.  5  &  6. 


540  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Second.  .  .  Claims,  if  any,  derived  under  the  French  Gov- 
ernment, previous  to  the  peace  of  1763  ? 

No  title  arising  from  this  source,  has  been  filed,  and  I  have 
it  from  good  authority,  that  no  claim  on  the  part  of  the  ancient 
French  proprietors  ever  appeared  during  the  existence  of  the 
British  or  Spanish  Governments  in  this  Territory.  "  The  fre- 
quent contest  between  the  French  and  the  Natchez  aborigines, 
caused  the  former  to  abandon  their  agricultural  possessions,  in 
this  quarter  of  Louisiana,  long  before  the  peace  of  1763. 

Third Claims  derived  under  the  British  and  Spanish  Gov- 
ernments previous  to  the  Treaty  of  1795,  unaccompanied 
by  actual  settlement  within  the  ceded  territory,  at  the  date  of  the 
Treaty? 

No  claims  of  this  discriptlon  have  been  filed,  nor  is  it  probable 
there  are  many  such  of  Spanish  Origin: —  But  it  is  a  matter 
of  great  notoriety,  that  British  claims  of  this  species  are  numer- 
ous. By  far  the  greater  part  of  the  valuable  improvements  and 
plantations  in  this  Territory,  is  made  upon  lands  heretofore 
granted  by  the  Brisith  Government  of  West  Florida,  but  which 
were  regranted  by  the  Spanish  Government. 

It  may  be  proper  in  this  place  to  state,  that  the  time  allowed 
by  the  Treaty  of  peace  of  1783  for  British  subjects  to  sell,  con- 
vey or  settle  their  lands,  was  prolonged  by  the  Spanish  Govern- 
ment, and  that  two  or  three  years  beyond  the  time  granted  by  the 
Treaty  had  elapsed  before  the  Spanish  Government  commenced 
regranting  of  lands,  which  had  formerly  belonged  to  British  sub- 
jects. 

Fourth Claims  derived  under  the  Spanish  Government 

by  Grants  made  subsequent  to  the  Spanish  Treaty  of  1795? 

These  may  be  distinguished  into  three  classes : 

1st —  Where  patents  were  issued  subsequent  to  the  Treaty  on 
Spanish  Warrants  of  survey  made  previous  to  the  Treaty ; — 

2nd.  Where  the  Warrants  as  well  as  the  Patents  were  sub- 
sequent to  the  Treaty. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  541 

3rd:  Where  both  Warrants  and  Patents,  were  indeed  subse- 
quent to  the  Treaty,  but  both  antedated,  so  as  to  make  them  ap- 
pear prior  to  the  Treaty. — 

1st:  Where  Patents  were  issued  subsequent  to  the  Treaty 
on  Spanish  Warrants  of  survey  granted  previous  to  the  Treaty. 

I  have  understood  that  many  Patents  of  this  description  were 
issued  altho'  few  have  been  filed —  Warrants  had  in  many  in- 
stances been  obtained  from  the  Spanish  Government  accompa- 
nied with  an  actual  survey  and  settlement,  which,  agreeable  to 
the  Spanish  Customs,  were  recognised  as  good  Titles,  even  before 
the  Patents  issued.  Claimants  in  this  situation  were  often  not 
anxious  about  obtaining  their  Patents,  which  could  at  any  time 
be  procured  as  a  matter  of  course.  Hence  it  happened,  that  the 
Treaty,  caught  many  in  the  possession  of  those  incomplete  rights. 
Some  persons  thought  it  advisable  to  obtain  patents  from  the 
Spanish  Office  which  continued  open  after  the  Treaty.  But  others 
conceiving  such  patents  as  conferring  no  additional  security 
trusted  entirely  to  the  justice  and  liberality  of  the  United  States 
to  make  valid  in  law,  what  they  considered  a  perfect  equitable 
title. 

2nd:  Where  the  Warrants  of  survey  as  well  as  the  Patents 
were  subsequent  to  the  Treaty;  of  this  description  four  or  five 
only  have  been  returned,  but  others  certainly  exist.  Some  men 
in  favor  with  the  Spanish  Officers —  and  trusting  to  the  tempo- 
rary continuance  of  the  Spanish  Courts  and  Government  acqui- 
esced in  by  the  people,  and  Commissioner  Ellicot,  and  Lieutenant 
Pope,  the  only  representatives  of  the  United  States  then  present, 
received  titles  for  land,  which  were  dated  agreeable  to  the  true 
time  of  receiving  them.  The  number  of  these  claims  is  uncertain, 
but  said  not  to  be  numerous. — 

3rd  Where  Warrants  and  Patents  were  indeed  subsequent 
to  the  Treaty,  both  antedated  so  as  to  make  them  appear  prior 
to  the  Treaty,  altho'  no  claims  of  this  kind  have  (to  my  knowl- 
edge) been  filed,  yet  no  doubt  is  entertained  here  of  their  exist- 


542  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ence.    They  are  reported  to  be  of  great  extent,  and  are  supposed 
to  cover  much  valuable  land  near  the  settlements. — 

Fifth Claims  founded  on  the  third  section  of  the  Bour- 
bon County  Act? 

Many  Citizens  who  subsequent  to  1795,  have  settled  and  im- 
proved vacant  lands,  suppose  that  under  this  third  section,  they 
will  be  entitled  to  a  right  of  preference  when  a  land  office  may  be 
opened.  The  Bourbon  Act  was  repealed  by  Georgia,  in  February 
1788,  but  from  the  little  intercourse  between  that  State,  and  the 
Territory,  it  is  probable  the  repealing  law  was  but  partially 
known,  and  that  some  citizens  might  have  made  their  improve- 
ments under  the  invitation  given  them  in  the  Bourbon  Act. 

With  respect  to  the  aggregate  quantity  of  land  covered  by 
claims  under  the  2nd.  .  article  of  the  Compromise  and  of  the 
like  aggregate  of  other  claims,  it  is  impossible  for  me  to  form 
accurate  estimates.  But  from  the  best  lights  I  can  procure,  I 
do  suppose  there  cannot  be  more  than  four  hundred  thousand 
acres  on  the  Mississippi,  covered  by  claims  justly  falling  under 
the  2nd :  article  of  the  Compromise.  As  to  the  extent  of  private 
claims  on  the  Mobile  I  can  hazard  no  opinion,  until  the  returns 
from  Washington  County  are  received.  It  however,  is  under- 
stood, that  besides  a  large  tract  of  Pine  Barrens,  there  is  some 
valuable  lands  which  remain  to  be  disposed  of  by  the  United 
States. 

In  order  that  you  may  be  more  fully  informed  as  to  the  true 
state  of  land  claims  in  this  Territory,  I  have  forwarded  all  the 
returns,  which  have  been  made  and  received  carefully  filed  under 
their  different  classes,  among  them,  you  will  discover,  some 
claims,  which  cannot  strictly  considered  be  comprehended  under 
any  of  the  descriptions  you  have  enumerated —  The  titles  for 
instance  by  Spanish  Warrants  of  Survey  &  possession  without 
Patents  may  be  viewed  as  of  this  kind.  But  permit  me  to  re- 
mark that  this  species  of  Title,  is  esteemed  here  as  very  strong 
in  an  Equitable  point  of  view,  and  I  am  well  informed  they  were 
viewed  as  legal  under  the  Spanish  Government  and  by  custom 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  543 

the  proprietor  was  authorized  to  sell  after  three  years  occu- 
pancy. 

It  will  not  escape  your  observation,  that  a  great  proportion 
of  the  present  population  in  this  Territory,  is  composed  of  Cit- 
izens who  have  formed  settlements  on  vacant  lands; —  The 
heads  of  families  of  this  discription,  in  the  Counties  of  Jeffer- 
son, Adams,  Wilkinson,  and  Claiborne,  exceed  seven  hundred 
and  their  wives  and  children  amount  to  upwards  of  two  thou- 
sand. 

I  do  sincerely  hope  that  these  Citizens  may  be  secured  in 
their  improvements,  and  that  the  Government  will  sell  out  the 
Vacant  land  in  this  district  upon  moderate  terms  and  in  small 
tracts  to  actual  settlers : —  If  this  policy  be  not  observed,  much 
distress  will  attend  many  of  the  settlers,  and  the  certain  effect 
will  be  their  leaving  the  Territory  in  disgust,  to  become  sub- 
jects in  a  Country,  where  heretofore,  the  most  flattering  invita- 
tions have  been  offered  to  the  poorer  class  of  industrious  Citi- 
zens, by  bestowing,  upon  every  applicant,  without  price,  portions 
of  the  richest  lands,  proportioned  to  the  extent  of  his  family. 
The  present  farms  of  the  settlers  would  then  probably  fall  into 
the  hands  of  rich  speculators,  either  in  this  District,  or  from  the 
United  States.  Thus  we  may  lose  a  considerable  portion  of  our 
present  population,  and  the  further  increase  of  our  numbers  re- 
tarded, by  the  best  and  most  convenient  spots  being  monopolised 
by  men  possessing  large  tracts  of  unoccupied  lands.1 

The  consequence  would  be  that  this  most  distant  and  infant 
settlement  of  the  United  States,  at  present  insulated  and  de- 
fenceless, would  be  rendered  more  weak  and  defenceless,  by 
the  banishment  of  the  poorer  Class  of  White  Citizens,  and  the 
introduction  of  a  few  wealthy  characters,  with  a  large  increase 

1  For  information  concerning  land  titles  in  Mississippi  consult  the  "The 
Fountains  of  Our  Land  Titles,"  by  Edward  Mayes;  Minutes  Mississippi  Bar 
Association   for   1887. 


544  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

of  negroes,  a  discription  of  inhabitants,  already  formidable  to 
our  present  population.1 

With  sentiments  of  great  respect  and 
sincere  esteem, 

I  have  the  honor  to  be 
Sir, 

your  mo:  Humble.  Sert. 
(signed)  Wm.  C.  C.  Claiborne 

Notes. 

(A)  I  have  not  received  a  return  of  the  claims  which  have 
been  filed  in  Washington  County. — 

(G)  Claims,  have  been  filed  by  persons  who  were  actual 
settlers  within  the  ceded  Territory  on  the  27 :  Oct :  1795,  under 
British  Grants  for  52754  acres,  and  under  Spanish  Patents  for 
190.406  acres,  which  Patents  were  legally  and  fully  executed 
prior  to  that  period. 

Claims  of  the  following  discription  have  also  been  filed — 

Claims  under  Spanish  Patents  dated  subsequent  to  the  27 : 
Oct:  1795,  by  persons  who  were  settlers  at  that  period. —  for. 
Acres  8.980 

Claims  under  British  Warrants  without  Patents,  by  persons 
who  were  settlers  on  the  twenty  seventh  of  Oct :  1795.  for.  .  . 
Acres  10.900 

Claims  under  Spanish  Warrants  of  Survey  and  possession, 
by  persons  who  were  actual  settlers  on  the  27 :  Oct :  1795 — for. 
Acres  21203 

For  these  Claims  see  Packet  (D) 

*It  had  been  estimated  that  the  negroes,  at  this  time,  about  equaled  the 
whites. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  545 

There  are  about  one  hundred  and  thirty  heads  of  families, 
who  on  the  27 :  Oct :  1795  were  settled  upon  vacant  land,  and  now 
claim  a  right  by  occupancy  under  the  Bourbon  Act. 

There  are  also  about  seven  hundred  heads  of  families,  who 
subsequent  to  1795.  have  settled  upon  vacant  land  and  made  con- 
siderable improvements. 

(F) Should  the  contemplated  changes  in  the  Masters  of 

Louisiana  take  place,  it  is  not  improbable,  but  our  new  neigh- 
bours, with  a  large  extent  of  Vacant  Country  to  settle,  may  also 
offer  great  encouragement  to  emigrants. — 


To  James  Madison. 

Near  Natchez:  Nov:  6th:  1802. 
Sir, 

The  embarrassment  of  our  trade  at  N.  Orleans,  still  con- 
tinues, private  letters  state,  that  American  produce  may  be  landed 
by  paying  a  duty  of  6  pCent,  but  not  otherwise. 

I  have  enclosed  you  an  extract  from  the  Intendent's  procla- 
mation, in  the  Spanish  language  —  I  am  informed  that  the  trans- 
lation which  was  sent  you  is  sufficiently  faithful,  but  does  not  pos- 
sess the  strength  of  the  original. 

It  cannot  well  be  presumed  that  the  Intendant  would  issue 
such  a  proclamation  without  orders  from  his  King,  altho'  the 
style  countenences  the  idea. 

There  is  no  doubt  entertained  at  Orleans  but  that  the  French 
will  take  possession  of  Louisiana  in  the  course  of  the  Winter. 

I  am  &c 

(signed)  Wm. .  C.  C.  Claiborne 

35 


546  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  James  Madison. 

Near  Natchez  Nov :  6 :  1802 

I  have  this  day  drawn  upon  you,  for  the  sum  of  Eighty  dol- 
lars, payable  at  five  days  sight,  to  Ferdinand  L.  Claiborne,1  mer- 
chant at  Natchez,  or  to  his  order. 

This  sum  I  pay  to  Samuel  May,  for  going  express  from  Nat- 
chez to  Nashville,  as  will  appear  from  the  vouchers  enclosed. 

The  letters  which  May  was  the  bearer  of  communicated  the 
late  proceedings  at  N.  Orleans,  which  being  interesting  to  the 
United  States,  I  thought  it  my  duty  to  forward  my  dispatches 
by  express,  since  at  that  time  there  was  an  interruption  in  the 
mail  between  Natchez  &  Nashville 

I  am  &c. 

(signed)  Wm.  C.  C.  Claiborne 


To  Gov  Claiborne,  from  Henry  Dearborn. 

War  Department. 

9 :  July  1802 
This  will  be  handed  you  by  Mr  Joseph  Chambers,  who  has  re- 
cently been  appointed  Factor  for  the  United  States,2  for  the  Choc- 
taw Nation  of  Indians,  his  character  authorizes  me  to  recom- 
mend him  to  your  Excellency's  notice  and  to  request  that  you 
will  have  the  goodness  to  yield  him  such  advice  and  assistance 
in  the  discharge  of  his  duty  as  situation,  &  circumstances  may 
render  necessary. 

I  have  the  honor  to  be  with  much 
respect, 

your  Excellency's 

mo :  obt . .  Servt. 

(Signed)  H.  Dearborn 

'Brother  of  the  Governor,  who  afterwards  became  prominent  in  the 
military  affairs  of  the  Territory. 

^Factor  at  St.  Stephens.  A  factory,  for  trade  with  the  Choctaws,  was 
located  at  that  place. 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  547 

To  Henry  Dearborn. 

Natchez  Novem :  10 :  1802 
Sir, 

On  the  first  instant  Mr.  Joseph  Chambers  Factor  for  the 
United  States,  for  the  Choctaw  Nation,  delivered  to  me  your 
letter  of  the  9th :  of  July  last. 

The  goods  for  the  factory  have  arrived  at  Fort  Adams  and  are 
safely  deposited;  where  they  will  remain  until  a  site  for  the 
Factory,  is  established  and  suitable  buildings  erected. 

The  aspect  of  affairs  at  Orleans,  and  the  probability  of  the 
French  taking  possession  of  Louisiana  induce  me  to  think  it  may 
be  advisable  for  the  present  to  establish  the  trading  house  for 
the  Choctaws,  at  some  point  on  the  Mississippi,  or  the  Waters 
thereof. — 

Some  where  on  the  Mobile  would  certainly  be  the  most  eligible 
position,  but  it  being  yet  uncertain  how  far  our  trade  to  the 
Mobile  may  be  embarrassed  it  might  be  unwise  at  this  time  to 
risque  an  establishment  in  that  quarter. 

Mr  Chambers  appears  to  be  a  young  man  of  great  merit,  and 
I  shall  take  pleasure  in  giving  him  such  assistance  and  advice 
as  situation  or  circumstances  may  render  necessary. 

The  Choctaw  annuity  for  1802,  is  arrived  at  Natchez,  and  I 
will  take  immediate  measures  to  have  it  distributed. 

The  Citizens,  who  were  supposed  to  have  settled  upon  Indian 
lands,  and  of  which  I  advised  you  in  a  former  letter,  have  re- 
moved within  the  settlements. 

I  am  &c 

(signed)     Wm.  C.  C.  Claiborne 
P.S. 

Three  mails  are  now  due  from  Washington.  I  am  yet  unad- 
vised, of  your  orders  in  relation  to  the  Factory,  and  the  new  Gar- 
rison 

(signed)  W.  C.  C. 


548  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Silas  Dinsmore. 

Natchez,  Novem:  11:  1802. 
Sir, 

Being  solicitous  to  confer  personally  with  you  on  the  sub- 
ject of  your  Agency,  and  to  put  in  your  care,  to  be  conveyed  to 
the  Nation,  the  Choctaw  Annuity  for  the  year  1802,  I  have  to 
request  that  you  will  come  with  all  convenient  dispatch  to  Nat- 
chez. 

I  am  &c 

(signed)     Wm.  C.  C.  Claiborne 


To  James  Wilkinson. 

Washington  Novem :  16 :  1802 
Sir, 

In  a  letter  from  the  Secretary  of  War,  dated  on  the  10th: 
of  September  last,  I  am  directed  to  advise  with  you,  as  to  the 
Site,  for  establishing  a  Factory,  for  the  accommodation  of  the 
Choctaw  Indians : —  The  Factor  is  now  at  Natchez,  and  the  goods 
are  arrived  and  deposited  at  Fort  Adams: —  It  is  therefore  ad- 
visable that  the  Site,  should  be  speedily  determined  upon  and 
the  business  commenced,  or  the  factor  will  loose  the  advantage 
of  the  fall  hunt : —  I  had  named  to  the  Secretary  a  position  some 
where  on  the  Mobile,  as  the  most  eligible,  and  he  seems  to  incline 
to  that  opinion;  but  the  late  proceedings  at  Orleans,  rendering 
it  uncertain,  how  far  the  trade  of  the  Mobile  and  Mississippi, 
may  be  embarrassed,  induce  me  to  think  it  unsafe  for  the  present 
to  venture  the  establishment  in  that  quarter.  But  on  this  subject 
I  wish  much  for  a  personal  interview  with  you,  and  if  you  cannot 
conveniently  come  to  Natchez,  I  will  meet  you  at  the  Grind  Stone 
ford,  at  any  time  you  will  name. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  549 

A  new  post  (by  direction  of  the  President)  is  to  be  estab- 
lished, near  to  the  town  of  Washington  x  and  a  Company  stationed 
thereat. 

The  Site  is  selected,  and  contracted  for,  and  the  Secretary  at 
War,  informs  me  that  "General  Wilkinson  will  decide  on  the 
Captain  who  shall  command."  May  I  ask  the  favor  of  you  to 
detach  Captain  Sparks  for  this  command: —  you  can  anticipate 
my  reasons. 

My  great  friendship  for  Sparks,  and  the  great  addition  which 
his  small  family,  would  be  to  our  little  society,  lead  me  to  make 
this  request. 

The  last  Northern  Mail  brings  nothing  very  interesting: — 
The  f rench  troops  are  daily  expected  at  Orleans : 

General  Victor,  is  the  Commander,  he  brings  with  him,  only 
three  thousand  men,  but  eight  thousand  are  to  follow  in  a  few 
months. 

The  enclosed  letter  from  the  Secretary  at  War,  to  you,  is 
the  only  one,  which  has  reached  me. 

Mrs . .  Claiborne  unites  with  me  in  best  wishes  for  your 
health  and  Happiness. 

Yours  &c 

(signed)  Wm. .  C.  C.  Claiborne 
P.S. 

A  part  of  Captain  Spark's  company  is  now  stationed  near  to 
Washington: —  I  have  suggested  to  the  Commanding  Officer  at 
Fort  Adams,  that  it  might  be  proper  that  this  detachment  should 
occupy  the  ground  selected  for  the  post  and  commence  the  work 
for  the  Garrison 

(signed)  W.  C.  C.  C. 

1  Fort  Dearborn. 


550  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  Henry  Dearborn. 

War  Department 

September  10th  1802 
Sir, 

Your  favors  of  the  6th:  ult:  with  the  enclosures  have  been 
duly  received;  from  the  best  information  I  have  been  able  to 
obtain,  I  agree  with  you  in  opinion  as  to  the  more  suitable  place 
for  our  trading  house  with  the  Indians,  will  it  not  be  in  your 
power,  to  sound  the  Governor  of  the  Floridas  on  the  subject  of 
our  navigating  that  river,  until  more  permanent  arrangements 
between  the  two  Governments  can  be  made?  It  may  not  be 
proper  to  intimate  that  we  have  any  doubts  of  the  right  of  Navi- 
gating any  of  the  Rivers,  which  pass  out  of  the  United  States 
and  through  the  Spanish  Territory,  but  perhaps  you  may  ascer- 
tain their  present  disposition,  by  intimating  that  you  presume 
their  will  be  no  objection  to  our  furnishing  the  Posts  in  the 
Mobile  and  our  Indian  Agency  at  Tombigbee  thro'  their  Terri- 
tory:—  If  it  should  be  determined  to  establish  a  trading  house 
on  the  Tombigbee,  It  will  be  necessary  to  give  directions  to  our 
Consul  at  Orleans,  to  retain  the  goods  there  until  the  place  for 
the  establishment  shall  be  decided  on ;  You  will  please  to  consult 
General  Wilkinson  on  the  subject,  to  whom  I  have  written  rela- 
tive to  the  proper  Site  for  a  trading  house  &c — 

It  will  be  proper  at  all  events  to  have  the  goods  kept  at  New 
Orleans,  until  a  decision  is  made  by  you  and  General  Wilkinson, 
you  will  be  pleased,  Sir,  to  take  measures  accordingly — 

You  will  also  accept  the  Offer  of  Mr.  Calvit  relative  to  the 
land  for  a  Post. 

The  progress  made  in  organising  the  Militia,  is  really  a  very 
happy  circumstance,  and  will  undoubtedly  have  a  vary  favorable 
effect  on  the  administration  of  your  Government. 

General  Wilkinsin  will  decide  on  the  Captn.  who  shall  Com- 
mand, the  Post  at  Natchez ;  I  have  no  doubt  he  will  consent  that 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  551 

Captn :  Sparks  may  be  stationed  at  that  place  agreeable  to  your 

request. 

I  am  &c. 

(signed)  H.  Dearborn 


From  Henry  Dearborn. 

War  Department 

Septem  11:  1802. 
Sir, 

On  further  consideration  I  am  of  opinion,  that  there  can 
scarcely  be  a  remaining  doubt  of  the  propriety  of  establishing  the 
trading  house  with  the  Choctaws,  on  the  Tombigbee,1  if  necessary 
the  Military  Post  on  the  Mobile  can  furnish  a  guard  to  the  store, 
whether  the  store  should  be  established  at  any  considerable  dis- 
tance from  the  junction  of  the  Tombigbee  or  the  Alabama,  or 
not  you  and  Genl.  Wilkinson  will  be  able  to  determine.  It  is  pre- 
sumable that  the  Indians  will  have  no  objection  to  a  small  guard 
being  placed  near  the  store. 

I  am  &c. 

H.  Dearborn 

P.  S.  Sir,  as  Genl.  Wilkinson  will  probably  have  occasion  to  go 
to  New  Orleans  I  have  requested  him  to  sound  the  Government  on 
the  subject  of  the  navigation  of  the  Mobile.  It  is  a  subject  that 
should  be  handled  with  great  circumspection : —  There  are  some 
doubts  whether  it  will  be  prudent  to  say  anything  to  the  Gov- 
ernor, at  all,  on  the  subject,  but  it  cannot  be  improper  to  en- 
deavor by  some  indirect  means  to  know  the  Governor's  senti- 
ments on  the  subject,  if  he  has  any,  prior  to  our  establishing  a 
trading  house : — You  will  see  Genl.  Wilkinson  before  he  goes  to 
New  Orleans,  and  will  please  communicate  the  contents  of  this 
postscript  to  him. 

(Signed)  H.  D. 

1  It  was  located  at  St.  Stephens. 


552  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  Henry  Dearborn. 

War  Department 

Septem:  11:  1802. 
Sir, 

The  chiefs  of  many  of  the  Indian  nations  having  applied  to 
the  President  of  the  United  States,  for  the  suppression  of  the  sale 
of  ardent  spirits  in  their  several  nations,  and  Congress  having 
authorised  the  President  to  comply  with  their  request: —  It  is 
therefore  the  wish  of  the  President  that  you  adopt  such  measures, 
as  will  as  soon  as  practicable  with  due  regard  to  particular  cir- 
cumstances, prevent  the  sale  of  any  ardent  spirits  to  the  natives ; 
In  order  therefore  to  effect  this  object,  no  trader  shall  be  allowed 
to  vend  any  goods  to  the  Indians  who  shall  carry  ardent  Spirits 
into  their  Country,  for  sale  or  other  purposes  and  such  as  are 
now  trading  under  former  licenses  should  be  restricted  in  like 
manner. 

I  am  &c. 

(signed)   H.  Dearborn 


To  Henry  Dearborn. 

Near  Natchez,  Novem :  16 :  1802. 
Sir, 

On  the  11th:  instant,  the  Northern  mails  which  were  due, 
reached  Natchez,  and  brought  me  your  several  favors,  of  the  10 : 
11:  and  14:  of  September,  the  contents  of  which,  I  have  atten- 
tively observed  and  shall  particularly  attend  to. 

The  enclosed  letter  from  General  Wilkinson  will  inform  you 
of  his  arrival  at  the  Yarsou,  (Yazoo)  and  the  preparations  made 
to  commence  the  retracing  of  the  old  Indian  line : —  My  own  opin- 
ion is  that  the  arrangement  adopted  will  fully  answer  the  purpose 
and  in  point  of  Oeconomy  (economy)  and  expedition,  is  perhaps 
the  best  that  could  have  been  resorted  to. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  553 

I  have  by  letter  (an  extract  of  which  is  enclosed)  consulted 
General  Wilkinson,  relative  to  the  Site,  for  the  Choctaw  Factory : 
—  My  letter  of  the  10.  ins.  informed  you  of  the  arrival  of  the 
goods : —  They  reached  Orleans,  shortly  after  the  American  De- 
posit at  that  Port  was  discontinued,  and  were  immediately  for- 
warded by  Mr.  Hulings  to  Fort  Adams,  where  they  now  are, 
under  the  particular  charge  of  the  Assistant  Military  Agent. 
Mr.  Chambers  the  Factor  is  solicitous  to  put  the  business  into 
speedy  operation,  so  that  he  may  have  the  advantage  of  the  fall 
hunts:1 —  I  shall  do  everything  in  my  power  to  advance  the  in- 
terest of  the  establishment,  and  I  am  certain  of  the  Co-operation 
of  General  Wilkinson.  But  until  this  Site  is  selected  and  suita- 
ble buildings  erected,  the  business  must  necessarily  be  delayed. — 

*  Late  accounts  from  New  Orleans,  State  that  the  French 
General  Victor ;  with  three  thousand  men  is  expected  in  three  or 
four  weeks  and  that  seven  thousand  will  follow  in  a  month  or 
two;  also,  that  the  Governor  of  Louisiana  has  received  orders 
to  deliver  up,  the  province: —  it  is  said  the  secret  was  told  by 
the  Governor  to  two  or  three  Ladies,  of  his  acquaintance,  who, 
have  communicated  it,  to  two  or  three  others. 

The  expected  settlement  of  the  French  in  Louisiana  is  greatly 
regretted  by  the  people  of  this  Territory. 

The  embarrassment  of  our  commerce  at  Orleans  still  con- 
tinues. 

I  am  &c. 

signed  W.  C.  C.  Claiborne 

*  This  is  communicated,  only  as  common  report,  of  its 
correctness  I  am  not  certain,  but  do  still  hope  that  it  may  be 
untrue. — 

'The  time  when  the  Indians  secured,  for  barter,  a  large  quantity  of 
peltries. 


554  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  James  Wilkinson. 

Camp  near  the  mouth  of  the  Yasou 
Novr:  11.  1802. 
Sir, 

I  arrived  here  on  the  8 :  inst.  extremely  ill  &  am  now  scarcely- 
able  to  hold  my  pen. 

Yesterday  I  received  by  the  hands  of  Capt.  Shaumburgh  and 
Lieut.  Arbuckle,  your  letter  of  the  3rd.  and  20:  Ultmo. —  to 
which  I  beg  to  reply,  that  having  received  no  information  from 
the  Secretary  of  War,  respecting  the  arrangements  made  with 
your  Excellency,  for  the  means  necessary  to  the  re-establishment, 
of  the  Indian  boundary,  on  which  I  am  now  engaged,  I  had  di- 
rected a  Military  party  to  cooperate  with  me,  as  the  most  prompt 
&  by  far  the  least  expensive  plan,  which  could  or  (in  my  judg- 
ment) can  be  adopted : —  I  have  with  me  public  tools,  (prepared 
for  the  service  on  the  road)  public  hands,  and  the  public  horses, 
which  accompanied  me  to  Georgia,  I  therefore  have  full  belief 
the  operation  may  be  completed  at  a  very  inconsiderable  expence, 
and  should  circumstances  occur  to  make  it  necessary,  I  shall  then 
crave  your  assistance  and  support —  The  difference  in  the  ex- 
pense of  the  two  plans  may  be  fairly  taken  at  $4,500,  in  favor 
of  that  which  I  feel  it  my  duty  to  prefer. 

The  mouth  of  the  Yasou,  which  is  called  for  as  the  beginning 
of  the  old  boundary,  has,  by  a  breach  of  the  Mississippi,  made 
through  its  Banks,  &  the  consequent  desertion  of  its  ancient  Bed, 
been  shifted  about  six  miles,  which  circumstance  involves  some 
difficulty,  with  the  Indian  Commissioners,  and  to  this  one  more 
serious  is  added,  the  British  Surveyor,  left  his  East  line  entirely 
open,  and  it  would  seem  five  or  six  miles  at  the  beginning  of  his 
South  line —  The  Choctaws  expect  to  see  the  old  line  and  nothing 
less  will  satisfy  them,  it  of  consequence  has  become  necessary  for 
me  to  proceed  to  the  Big  Black  River,  in  order  to  exhibit  to  them 
the  marked  trees,  and  from  thence  to  retrace  the  line,  back  as 
far  as  it  can  be  discovered,  after  which  I  shall  propose  on  the 
ground  of  mutual  accommodation  (and  the  proposition  will  be  a 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  555 

fair  and  a  sound  one)  to  continue  the  line  to  the  first  Bluff  on 
the  Yasou  River,  above  the  inundations  of  the  Mississippi,  and 
there  to  fix  our  beginning,  should  I  succeed  the  United  States,  will 
make  a  small  acquisition,  the  Territory  will  be  benefited  and  the 
Indians  will  not  be  injured.  In  the  promotion  of  this  plan  I 
shall  march  for  the  Big  Black  as  soon  as  I  have  closed  this  letter, 
should  the  weather  and  my  health  permit. 

My  feeble  hand  and  my  giddy  head  incapacitate  me,  for  com- 
municating to  the  Secretary  of  War,  at  this  moment,  I  will 
therefore  ask  the  favor  of  you,  to  transmit  him  a  Copy  of  this 
scrawl,  by  the  next  mail —  I  regret  to  find  here,  the  road  cuting 
entirely  neglected,  and  to  learn  that  every  thing  military,  is  in 
disorder —  I  most  ascribe  these  things  in  a  good  degree  to  the 
conduct  of  Col:  Butler,  who  has  arrogated  to  himself  unwar- 
rantable consequence,  and  instead  of  doing  his  duty,  has  in  my 
judgment  done  in  justifiable  acts,  and  now  under  the  plea  of 
Indisposition  has  gone  to  the  North-ward,  I  feel  for  the  public 
service  and  for  the  discipline  &  subordination  of  the  Troops 

With  great  respect 
I  am  Sir 

your  obt.  Servt. 

(signed)  Ja  Wilkinson 


To  James  Madison. 


Near  Natchez 

Nov:  24.  1802 
Sir,  I  have  the  honor  to  enclose  you  a  duplicate  of  my  letter 
of  the  5 :  instant : —  Upon  looking  over  the  Original  Copy,  I  find 
an  omission  of  a  few  words  in  the  third  enquiry  "  Claims  derived 
"under  the  British  and  Spanish  Government,  previous  to  the 
"Treaty  of  1795,  and  unaccompanied  by  actual  Settlement  at 


556  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

the  date  of  the  Treaty —  After  the  word  settlement  these  words 
should  have  been  inserted,  "within  the  ceded  Territory" 

The  return  of  claims  in  Washington  County,  have  not  yet 
reached  me. 

I  am  &c 

(signed)     Wm.  C.  C.  Claiborne 


To  James  Madison. 

Natchez  25:  Novem  25.  1802 
Sir, 

I  have  the  honor  to  enclose  you  an  Original  Copy  of  a  Com- 
munication  (together  with  a  translation  thereof)   which  I  this 
morning  received  from  the  Governor  General  of  the  Province  of 
Louisiana,  in  Answer  to  my  letter  of  the  28 :  Ulto. 
I  am  &c 

(signed)     Wm.  C.  C.  Claiborne 


To  Gov.  Claiborne,  from  the  Governor  General  of  Louisiana. 

Most  Excellent  Sir, 

1  received  a  few  days  past  your  Excellency's  esteemed  letter 
of  the  28 :  ultimo,  in  which  your  Excellency  refering  to  the  22nd. 
article  of  the  Treaty  of  friendship,  navigation  and  limits  agreed 
upon  between  the  United  States  of  America  and  the  King  my 
master,  has  been  pleased  to  enquire  after  transcribing  litterally 
the  said  article  (which  you  find  so  explicit  as  not  to  require  any 
comment,  nor  to  admit  of  dubious  construction)  if  his  Majesty 
has  been  pleased  to  designate  any  other  position  on  the  Banks  of 
the  Mississippi,  and  where  that  is,  if  the  Royal  pleasure  does 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  557 

not  continue  the  permission  stipulated  by  the  said  Treaty  which 
entitled  the  Citizens  of  the  United  States  to  Deposit  their  mer- 
chandize and  effects  in  the  Port  of  New  Orleans,  and  you  request 
at  the  same  time,  as  the  affair  is  so  interesting  to  the  commerce 
of  the  United  States,  and  to  the  welfare  of  its  Citizens,  I  may 
do  you  the  favor  to  send  you  an  answer  as  early  as  possible. 

I  can  now  assure  your  Excellency,  that  his  Catholic  Majesty, 
has  not  hitherto  issued  any  order  for  suspending  the  Deposit,  and 
consequently  has  not  designated  any  other  position  on  the  Banks 
of  the  Mississippi,  for  that  purpose: —  But  I  must  inform  you, 
in  answer  to  your  demand,  that  the  Intendant  of  these  Provinces 
(who  in  the  affairs  of  his  own  department  is  independent  of  the 
General  Government)  at  the  same  time,  that  in  conformity  with 
the  King's  commands  (the  peace  having  been  published  in 
Europe,  since  the  4th :  of  May  last)  he  suspended  the  commerce 
of  Neutrals,  and  determined  also,  upon  the  propriety  of  suspend- 
ing the  Deposit,  which  had  been  permitted,  tacitly  to  continue; 
and  to  put  a  stop  to  an  infinitude  of  abuses,  which  were  generated 
by  it,  contrary  to  the  interest  of  the  state,  and  of  the  commerce 
of  these  colonies,  being  the  result  of  a  knowledge,  which  he  has 
acquired  of  frauds  which  have  been  committed,  and  which  the 
parties  have  endeavored  to  excuse  under  the  pretext  of  ignorance, 
as  is  manifested  by  a  great  number  of  causes,  which  now  await 
the  determination  of  his  Majesty,  as  soon  as  they  can  be  laid 
before  him ;  not  to  mention  many  others,  which  have  been  dropt, 
because  the  parties  have  absconded,  who  introduced  their  prop- 
erties into  the  deposit  without  extracting  them  and  defrauding 
the  Royal  interest. 

It  might  appear  on  the  first  view,  that  particular  cases  similar 
to  the  present  cannot  operate  against  a  general  privilege  granted, 
by  a  Solemn  Treaty,  and  it  is  an  incontestible  principle,  that  the 
happiness  of  nations,  depends  in  a  great  measure  on  the  main- 
tenance of  good  harmony  &  correspondence  with  their  neigh- 
bours, respecting  their  rights,  and  promoting  their  own,  without 
omitting  those  duties  which  we  owe  to  humanity,  and  to  the 


558  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

rights  of  civil  society:  But  it  is  also  indubitable,  that  a  Treaty, 
altho'  solemn,  in  order  that  it  may  be  entirely  valid,  aught  not 
to  include  any  vicious  principle,  and  if  it  is  found  pernicious, 
and  of  evil  tendency  altho'  it  has  been  concluded  with  good  faith, 
but  without  a  knowledge  of  its  bad  consequences  in  that  case, 
it  becomes  necessary  to  annul  it,  since  Treaties,  ought  to  be 
viewed  in  the  same  light  as  other  acts  of  the  public  will,  in  which 
we  ought  to  respect  more  the  spirit,  than  the  expressions  by 
which  they  are  framed,  and  in  this  view,  it  will  not  appear  so 
repugnant,  that  the  Intendant,  after  the  expiration  of  the  three 
years  stipulated  by  the  22nd :  Article,  and  no  continuance  granted 
by  the  King,  and  after  the  abolition  of  the  Commerce  of  Neutrals, 
should  not  chuse,  to  take  upon  himself  the  responsibility  of  con- 
tinuing the  favor,  without  express  commands  from  the  King, 
which  is  also,  indispensably  necessary  for  designating  a  new  posi- 
tion on  the  banks  of  the  Mississippi. 

From  the  foregoing,  I  trust  your  Excellency,  will  infer,  that 
the  Intendant,  who,  directs  the  affairs  of  his  own  Department, 
independent  of  the  Governor,  will  have  communicated  (in  the 
regular  line  of  his  duty)  to  the  King,  his  late  proceedings  in 
fulfilling  an  expressed  convention :  We  have  reason  to  hope  that 
his  Majesty  will  adopt  such  measures,  as  may  restore  the  De- 
posit, either  in  this  capital,  if  he  should  not  find  it  prejudicial 
to  the  Interests  of  Spain,  or  in  such  positions  on  the  margin  of 
the  Mississippi,  as  shall  be  agreeable  to  his  Royal  pleasure: — 
being  confident  that  the  justice  and  generosity  of  the  King  will 
not  deny  to  the  American  citizens  all  the  advantages  which,  they 
can  desire,  which  concession  depends  not  upon  the  will  of,  nor 
can  be  granted,  by  any  particular  head  of  Department. 

Exclusive  of  these  principles  which  serve  as  foundation  to 
the  Intendant's  ordinance,  I  aught  also  to  inform  you,  that  I 
myself  opposed  every  reasonable  objection  in  my  power  to  the 
suspension  of  the  Deposit,  until  the  reasons  deduced  by  the  In- 
tendant brought  to  my  view,  that  as  we  cannot  guard  against  all 
incidents,  and  that  many  of  an  unexpected  nature  are  the  produc- 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  559 

tion  of  time  and  various  circumstances,  it  is  always  necessary 
to  form  a  just  and  rational  interpretation;  notwithstanding  these 
my  ideas,  I  immediately  wrote  to  the  Captain  General,  in 
order  to  consult  him  on  this  business,  his  reply  which  cannot  be 
long  delayed,  will  dissipate  any  doubt  which  may  have  arisen,  re- 
specting the  measures  which  have  been  adopted. 

At  all  events,  I  flatter  myself  that  your  Excellency,  will  con- 
tinue in  the  firm  persuasion  that  the  most  perfect  and  constant 
good  harmony  having  subsisted,  and  now  actually  subsists  be- 
tween the  King,  my  master,  and  the  United  States  of  America,  I 
shall  use  on  my  part  every  endeavor  for  its  preservation,  being 
well  assured  of  equal  and  reciprocal  good  offices  in  the  observance 
of  the  Treaty  with  good  faith  without  ever  loosing  sight  of  such 
objects  as  interest  the  happines  and  glory  of  the  Nations,  in  re- 
gard to  the  advantages  of  commerce;  wisely  and  prudently  con- 
ducted. 

I  have  the  honor  to  assure  your  excellency  of  the  respect  and 
high  consideration,  which  I  profess  for  you,  and  I  pray  the  most 
High,  to  preserve  your  life  many  years.  New  Orleans  15th: 
of  November  1802. 

I  Kiss  the  hands  of  your  Excellency 

your  mot.  affectionate  Servt. 
signed 

Manuel  de  Salcedo 


Address  to  Mississippi  Legislature. 

Mississippi  Legislature, 

On  Wednesday  the  9th :  of  December  1802,  the  Governor  met 
the  Legislature  in  the  town  of  Washington,  and  delivered  the 
following  address. 


560  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

Fellow  Citizens  of  the  Legislative  Council,  and  of  the  House 
of  Representatives. 

The  uninterrupted  state  of  peace,  which  has  so  long  been  en 
joyed  by  this  Territory: —  the  abundant  harvests,  which  so  uni- 
formly reward  the  industry  of  the  husbandman : —  the  progres- 
sive increase  of  our  population,  agriculture  and  commerce;  but 
above  all,  the  undisturbed  possession  of  our  religious  and  civil 
liberties,  should  awaken  in  our  minds  the  sincerest  emotions  of 
gratitude,  for  such  signal  dispensations  of  Almighty  God. 

To  promote  a  continuance  of  these  blessings  is  a  high  and 
important  duty  devolving  on  this  assembly,  and  I  persuade  my- 
self, that  influenced,  by  harmony  and  wisdom,  the  result  of 
your  deliberations  will  be  favorable  to  your  supreme  object  the 
general  good. 

The  exertions  of  the  Officers  to  organize  and  discipline  the 
Militia,  have  been  accompanied  with  great  success,  and  authorize 
a  hope  that  this  best  resource,  of  a  free  people,  will  shortly  be- 
come an  efficient  means  of  defence.  Experience,  however,  has 
proven,  that  our  militia  laws  are  still  defective.  Although  a  con- 
siderable portion  of  the  Citizens,  have  manifested  a  great 
share  of  military  ardor,  and  rendered  the  most  cheerful  obedience 
to  the  law,  I  am  sorry  to  say,  that  this  laudable  conduct  has 
not  been  universal.  The  militia  system  should  therefore  be  re- 
viewed : —  the  defects  which  may  be  discovered  speedily  remedied 
and  the  law  made  sufficiently  strong  to  command  and  enforce  its 
execution.  A  people  can  never  be  secure  in  their  rights,  but  when 
prepared  with  their  own  arms  to  resist  aggression.  The  dangers 
to  which  our  country  may  be  subjected,  will  forcibly  present 
themselves  to  your  reflection,  and  it  is  in  a  time  of  perfect  tran- 
quility like  the  present,  that  a  wise  and  virtuous  government 
should  leave  nothing  undone  towards  establishing  and  perfecting 
the  most  certain  barriers  for  the  preservation  of  civil  liberty,  and 
the  permanent  safety  of  society. — 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  561 

I  had  the  honor  to  submit  to  the  consideration  of  the  last 
legislature,  the  necessity  of  making  some  public  provision  for  the 
education  of  our  youth,  and  I  cannot  in  justice,  to  the  best  in- 
terests of  the  rising  generation,  omit  inviting  your  attention  to 
this  important  subject.  Your  predecessors  passed  an  act  entitled 
"An  Act  to  establish  a  college  in  the  Mississippi  Territory,"  but 
committed  its  support  entirely  to  private  contribution.  Believing 
myself,  that  a  support  of  this  kind  is  too  precarious  to  insure 
the  welfare  of  so  desirable  an  institution,  I  must  solicit  in  its 
behalf,  the  particular  patronage  of  this  assembly,  and  I  flatter 
myself,  such  aid  will  be  afforded  as  existing  circumstances,  and 
the  extent  of  our  fiscal  resources  may  admit.  Permit  me  to  sug- 
gest the  propriety  of  assessing  a  tax  on  marriage  licenses,  and  of 
endowing  the  college  permanently  with  the  revenue  arising  from 
this  source,  and  also  the  expediency,  of  soliciting  from  Congress, 
a  donation  of  land  to  this  seminary.  The  Ordinance  for  our  gov- 
ernment justifies  the  request,  and  promises  its  success. 

In  contemplating  the  subjects  of  legislative  concern,  which 
deserve  your  consideration,  a  law  for  the  inspection  of  Cotton, 
appeared  to  me  indispensible.  This  valuable  production  should 
be  fostered  by  the  Government,  and  placed  under  the  safeguard 
of  the  law.  While  it  remains  unprotected  there  is  no  security 
against  carelessness  and  fraud,  which  being  discovered  in  a  few 
instances,  might  attach  a  degree  of  injurious  suspicion  to  our 
whole  exportation,  we  should  therefore  take  special  care,  that  the 
cotton  exported,  should  be  of  the  best  quality,  and  that  its 
quality  should  be  attested  by  some  public  certificate,  in  which 
the  purchaser  could  repose  entire  confidence;  thus  would  the 
staple  commodity  of  this  Territory,  acquire  and  preserve,  a  good 
reputation,  both  at  home  and  abroad,  and  meet  with  sales  so 
prompt  and  lucrative  as  amply  to  compensate  for  any  expense 
which  attend  its  inspection. 

There  are  other  objects  of  a  local  nature,  which  from  your 
own  knowledge  of  the  interests  of  your  Constituents,  will  engage 


562  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

your  attention,  among  these  the  state  of  the  Court  houses  & 
jails,  will  doubtless  be  attended  to.  The  jail  for  Adams  district 
and  County,  is  so  situated  and  constructed  that  there  remains 
no  security  for  the  safe  keeping  of  prisoners,  unless  a  degree  of 
rigor  is  exercised,  which  humanity  forbids,  and  the  law  dis- 
countenances. 

I  have  every  reason  to  believe  that  the  existing  taxes,  should 
they  be  generally  collected,  will  prove  amply  sufficient,  to  meet 
the  current  expenses  of  the  government,  but  to  insure  such  collec- 
tion a  revision  of  the  act  entitled  "An  Act,  to  ascertain  what  prop- 
erty in  this  Territory,  shall  be  deemed  taxable  property,  and 
"the  mode  of  collecting,  accounting  for  and  paying  public  taxes" 
is  essentially  requisite.  A  careful  perusal  of  this  act,  will  suggest 
to  you  the  necessary  amendments,  and  I  must  recommend  this 
subject  as  one  meriting  your  earliest  attention. 

Fellow  citizens  of  the  Legislative  Council,  and  of  the  House 
of  Representatives: 

The  anxious  solicitude  of  the  people  of  this  Territory,  occa- 
sioned by  the  difficulties,  under  which  our  commerce  is  placed, 
in  consequence  of  the  Spanish  Government,  with-holding,  from 
the  Citizens  of  the  United  States,  the  privilege  of  depositing  their 
merchandizes  and  effects,  at  the  port  of  N.  Orleans,  has  not  es- 
caped my  observation,  and  it  is  with  regret,  I  inform  you,  that  the 
last  advices  are  unfavorable  to  the  prospect  of  immediate  relief. 
We  may  however,  rest  in  confidence,  that  on  this  occasion,  such 
measures  will  be  adopted  by  the  executive  and  Legislature  of 
United  America,  to  promote  and  protect,  the  general  interests 
of  our  common  Country,  as  wisdom  shall  dictate. 

In  the  course  of  the  session  some  other  matters,  which  it 
may  be  proper,  to  lay  before  you,  shall  be  made  the  subject  of 
subsequent  communications. 

Nothing  shall  be  wanting  on  my  part  to  facilitate  the  despatch 

of  public  business,  and  it  will  be  to  me  highly  gratifying  to  unite 

with  you  in  measures  calculated  for  the  advancement  of  the 

general  good. 

(signed)     William  C.  C.  Claiborne 


GOVERNOR  WILLIAM   C.  C.  CLAIBORNE.  563 

To  Gov  Claiborne,  from  William  Brooks. 

Natchez, 
Decern:  11th:  1802. 
Sir, 

The  County  Court,  for  October  term  appointed  a  Committee, 
to  examine  the  situation  of  the  jail  of  Adams  County,  Who  were 
authorised  to  make  such  repairs  as  they  might  deem  necessary 
and  make  a  report  of  the  expense  at  the  next  term. 

They  have  declined  making  any  repairs,  and  say,  to  place  the 
jail  in  proper  security  will  cost  the  County  nearly  the  price  of  a 
new  building.  Since  the  order  issued,  one  of  the  prisoners,  a 
debtor  has  broke  jail  and  escaped.  My  own  safety  has  induced 
me  to  exercise  a  degree  of  rigor,  which  is  repugnant  to  the  feel- 
ings of  humanity. 

There  are  now  confined  in  Adams  jail  seven  prisoners,  some 
of  whom  were  committeed  for  trifling  offences. 

John  Fricker,  was  convicted  of  manslaughter  branded,  and  a 
fine  imposed  of  an  hundred  dollars  and  Cost  of  Court. 

Daniel  Ryan,  if  I  am  not  misinformed  was  tried  at  June  term, 
sentenced  to  pay  a  fine  of  thirty  dollars,  and  costs  of  suit. 

Robert  Fitzpatrick,  alias  John  Scott  for  grand  Larceny,  done 
in  Jefferson  County;  he  has  been  confined  a  long  time,  has  re- 
ceived no  trial. 

William  Denman,  for  Larceny  who  was  tried  last  term,  and 
motion  made  for  an  arrest  of  Judgment. 

Richard  Shiras,  for  Larceny  not  tried. 

Sally  Dunnavan,  for  Larceny,  she  is  now  much  indisposed, 
her  trial  was  postponed  for  want  of  evidence. 

James  Burns,  for  assault,  tried  last  term  and  sentenced  to 
pay  a  small  fine. 

You  will  permit  me  to  observe  from  a  knowledge  of  the  pris- 
oners, that  neither  of  them  are  able  to  pay  the  fine  imposed.  The 
expense  accumulating  to  the  County  are  great,  which  must  be 
eventually  discharged. 


564  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

The  jail  is  extremely  insecure,  the  prisoners  suffer  much  from 
the  inclemency  of  the  season.  They  are  without  fire,  and  some  of 
them  much  indisposed,  and  no  prospect  of  relief,  unless  thro'  the 
mercy  of  the  Executive. 

I  am  &c 

(signed)  William  Brooks,  sheriff  of  Adams  County. 


Pardons  to  Prisoners. 

William  C.  C.  Claiborne  Governor  of  the  Mississippi  Terri- 
tory: 

To  all  whom  these  presents  shall  come,   Greeting: 

Whereas  Daniel  Ryan  late  of  the  District  of  Adams,  was 
lately  convicted  in  the  Superior  Court  of  the  Mississippi  Terri- 
tory, for  the  same  district  of  the  crime,  of  manslaughter,  in 
feloniously  killing  and  slaying  of  a  negro;  and  thereupon  the 
said  Daniel  Ryan,  was  adjudged  by  the  same  Court,  among  other 
things  should  be  burned  in  the  brawn  of  the  left  Thumb,  and 
pay  a  fine  of  thirty  dollars,  as  by  the  record  thereof  remaining 
in  the  same  Court  will  more  fully  appear. 

Whereupon  I  William  C.  C.  Claiborne,  Governor  of  the  Mis- 
sissippi Territory,  by  virtue  of  the  powers  in  me  vested  and  for 
divers  good  causes  and  considerations  me  thereunto  moving,  do 
hereby  remit  the  said  fine  of  thirty  dollars,  which  was  imposed 
upon  him  the  said  Daniel  Ryan. 

In  Testimony  whereof,  I  have  caused  these  letters  to  be  made 
Patent  and  the  seal  of  the  Territory  to  be  hereunto  affixed. 

Given  under  my  hand  at  the  Town  of  Washington,  the  10th : 
day  of  December,  in  the  year  1802  and  of  the  Independence  of  the 
United  States  of  America  the  twenty  seventh. 

(signed)  William  C.  C.  Claiborne. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  565 

A  Pardon  in  the  same  form  as  the  above,  and  dated  the  10  day 
of  December,  1802,  remitting  a  fine  of  one  hundred  dollars,  im- 
posed upon  John  Fricker  who  was  convicted  of  manslaughter. 

A  Pardon  in  the  same  form  as  the  above,  and  dated  the  10th : 
day  of  December  1802.  remitting  a  fine  of  fifteen  dollars,  im- 
posed upon  James  Burns,  who  was  convicted  of  Assault  and  Bat- 
tery. 


To  Henry  Dearborn. 

Natchez 
Decern:  11:  1802. 
Sir,  I  have  this  day  drawn  a  bill  of  Exchange  upon  you,  in 
favor  of  Ferdinand  L.  Claiborne,  for  the  sum  of  two  hundred 
and  five  dollars,  payable  at  five  days  sight ;  This  bill  is  drawn,  to 
enable  me  to  meet  the  expenses  incurred  by  the  freight  of  thirty 
three  boxes  of  rifles  from  N.  Orleans  to  Natchez.    The  accompt 
and  vouchers  will  be  forwarded  by  the  next  mail. 
I  am  &c 

(Signed)         William  C.  C.  Claiborne 


To  the  Same  Natchez  Dec :  11 :  1802. 

Exchange  for  205  dollars 
Sir, 

At  five  days  sight  of  this  my  first  of  Exchange  (second  of 
same  tenor  and  date  remaining  unpaid)  pay  to  Ferdinand  Lee 
Claiborne,  merchant,  Natchez,  or  his  order,  the  sum  of  two  hun- 
dred and  five  dollars  and  charge  the  same  with  or  without  further 
advice  to  your  mo:  ob:  Servt: 

(Signed)  William  C.  C.  Claiborne 


566  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  House  of  Representatives. 

Mississippi  Legislature. 

The  answer  of  the  House  of  Representatives  to  the  Gov- 
ernor's address. 

To  his  Excellency  William  C.  C.  Claiborne  Governor  of  the 
Mississippi  Territory. — 

We  the  Representatives  of  the  people  of  the  Mississippi  Terri- 
tory, have  received  with  much  satisfaction,  your  Excellency's 
personal  communication  at  the  opening  of  the  present  session  of 
this  Assembly. 

We  unite  most  sincerely  with  your  Excellency  in  offering  up 
to  the  Almighty  Ruler  of  the  Universe  our  tribute  of  thanks- 
giving for  the  manifold  blessings,  which  have  been  showered 
down  upon  this  happy  land.  For  whether  we  take  into  view  the 
abundant  returns  with  which  this  fertile  soil,  has  rewarded  the 
toil  of  the  husbandman,  the  facility,  with  which  his  products  (in 
the  midst  of  the  calamities  of  War)  have  been  carried  to  profita- 
ble markets,  or  the  uninterrupted  state  of  tranquility  &  repose, 
in  which  he  has  enjoyed  in  profusion  these  advantages,  in  the 
plentitude  of  civil  and  religious  liberty,  the  divine  favor  is  equally 
conspicuous  and  cannot  fail  to  call  forth  the  liveliest  effusions  of 
our  gratitude. 

To  promote  a  continuance  of  these  blessings  will  be  the  most 
ardent  wish  of  our  hearts,  and  our  humble  endeavors,  shall  be 
wholly  dedicated,  to  the  accomplishment  of  so  great  an  object. 
Your  Excellency  has  well  observed,  that  the  result  of  the  delib- 
erations of  this  Assembly,  influenced  by  harmony  and  wisdom, 
will  be  favorable  to  our  supreme  object  the  general  good.  We 
beg  your  Excellency  to  be  assured,  that  on  our  part  nothing  shall 
be  wanting,  consistent  with  our  duty,  to  promote  so  deairable 
an  object,  as  the  general  harmony  of  the  different  branches  of 
the  Legislature,  and  we  possess  the  fullest  confidence  that  we 
shall  not  be  disappointed  in  our  expectation,  of  a  reciprocity  of 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  567 

sentiment,  a  spirit  of  conciliation,  and  mutual  accommodation, 
on  the  part  of  our  fellow  labourers,  from  which  must  result  the 
happiest  consequences  to  the  public  and  to  ourselves. 

We  shall  consider  it  as  our  duty  to  pay  particular  attention 
to  such  objects  as  are  pointed  out  in  your  communication  and 
shall  most  cheerfully  co-operate  with  your  Excellency,  in  all 
measures  calculated  to  promote  our  grand  object  the  general 
good. 

The  suspension  of  the  deposit  at  New  Orleans  for  the  wares 
and  merchandizes  of  the  Citizens  of  the  United  States,  is  an 
object  of  most  serious  regret,  and  if  not  speedily  remedied,  its 
results  will  be  most  severely  felt  by  this  Territory,  and  by  our 
Brethren  of  the  Western  States.  We  rely  with  your  Excellency 
on  the  Wisdom  and  energy  of  the  general  government  of  the 
United  States  possessing  the  fullest  assurance  that  such  measures 
will  be  adopted  as  shall  be  dictated  by  the  soundest  policy. 

(signed)    Roger  Dixon,  Speaker 

Representative  Chamber 
December  13 :  1802 

Attest    Saml  S.  Mahan,  Clerk. 


To  Gov.  Claiborne,  from  Legislative  Council. 

Mississippi  Legislature. 

The  Answer  of  the  Legislative  council,  to  the  Governor's  ad- 
dress. 

Sir, 

We  desire  to  unite  with  your  Excellency,  in  pious  and  grate- 
ful acknowledgements  to  the  Almighty  God,  for  the  uninterrupted 
state  of  peace  we  have  enjoyed : —  the  abundant  products  of  our 
soil, —  the  progressive  increase  of  our  population  agriculture  and 
commerce;  and  above  all,  for  the  undisturbed  possession  of  our 


568  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

liberties,  both  civil  and  religious.  While  sensible  of,  and  thankful 
for  these  inestimable  blessings,  we  are  strongly  impressed  with 
the  duty  which  devolves  upon  us,  of  endeavoring  on  our  part,  as 
far  as  human  exertions  are  required  to  continue  those  blessings, 
and  we  trust  that  under  the  auspices  of  the  same  Divine 
Benefactor,  our  endeavors  will  not  be  altogether  unavail- 
ing. 

It  is  highly  gratifying  to  us  to  hear  that  the  exertions  of  the 
officers,  to  organize  &  discipline  the  Militia,  have  been  attended, 
with  great  success,  but  as  we  entertain  all  that  solicitude  for  the 
peculiar  situation  of  our  Country,  which  your  Excellency  has 
indicated,  it  is  with  much  regret,  we  learn  that  this  success  has 
not  been  universal.  We  shall  therefore  carefully  review  the 
Militia  law,  and  will  readily  co-operate  in  making  such  amend- 
ments as  may  be  deemed  necessary  to  command  and  enforce  its 
execution. 

We  participate  with  your  Excellency  in  a  concern  for  the 
best  Interests  of  the  rising  Generation,  and  will  therefore  cor- 
dially concur  in  adopting  any  additional  measure  that  may  ap- 
pear calculated  to  meliorate  the  Institution  of  the  late  Legisla- 
ture, for  disseminating  the  invaluable  advantages  of  education. 

A  law  for  the  Inspection  of  Cotton  we  conceive  as  indispen- 
sable; this  also,  with  the  various  objects  of  Legislation,  your  Ex- 
cellency has  suggested  to  our  consideration,  merits,  and  shall 
receive  our  serious  attention. 

The  Spanish  Government's  with-holding  the  usual  stipulated 
privilege  of  depositing  American  merchandizes  and  effects  at  the 
port  of  N.  Orleans  is  indeed  a  subject  of  much  well  grounded 
solicitude  as  it  materially  and  universally  effects  the  Interests  of 
the  Territory.  Although  we  possess  in  common  with  our  fellow 
Citizens  those  feelings  which  necessarily  arise  from  such  an  in- 
jurious measure,  yet  from  the  liberal  indulgence  which  this  Ter- 
ritory has  already  experienced  from  Congress,  and  from  the  pe- 
culiar, early  and  unceasing  attention,  it  has  received  from  the 
present  Executive  of  the  Union,  we  rest  will  full  confidence  that 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  569 

our  grievance  will  be  redressed  as  speedily  and  effectually  as  pos- 
sible. We  were  happy  to  observe  your  Excellency's  diligence 
on  this  occasion,  in  obtaining  Intelligence  relative  to  the  event 
and  communicating  to  the  National  Administration. 

Permit  us,  Sir,  to  express  what  we  continue  to  entertain,  the 
highest  sense  of  your  Excellency's  Patriotism,  and  constant  at- 
tention to  the  interests  of  the  Territory. 

(Signed)  John  Ellis,  President  of  the  Council. 

Washington 

December  15 :  1802 


To  Judges  Lewis,  Bruin  and  Ker. 

William  C.  C.  Claiborne,  Governor  &c  of  the  Mississippi 
Territory. 

To  the  Honorable  Seth  Lewis,  chief  Justice,  Peter  Bryan 
Bruin,  second  Judge,  and  David  Ker,  third  Judge  of  the  Missis- 
sippi Territory. 

Whereas  several  persons  are  now  confined  in  the  jail  for  the 
District  of  Adams  charged  with  offences  against  the  laws  of  this 
Territory  and  it  is  deemed  expedient  to  bring  the  said  persons 
speedily  to  trial,  I  have  thought  proper  "by  and  with  the  advice 
and  consent  of  two  of  the  Legislative  Council,"  to  issue  this  my 
Commission,  to  the  said  Seth  Lewis,  Peter  Bryan  Bruin,  and 
David  Ker  Judges  of  the  Superior  Courts  of  this  Territory  au- 
thorising them  or  any  two  of  them  to  hold  (at  the  usual  place  of 
holding  Courts  in  the  Town  of  Natchez)  on  Tuesday  next,  the 
21st  of  December,  in  and  for  the  District  of  Adams  "  A  Court 
of  Sessions  of  the  peace,  Oyer  and  terminer,  for  the  trial  of 
offenders  and  to  hear,  try  and  determine  all  crimes  and  misde- 
meanors, of  what  nature  or  crime  soever,  wherewith  such  offend- 


570  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

ers  or  any  of  them  shall  stand  charged  and  to  give  Judgement 
and  award  execution  thereon. 

In  Testimony,  whereof,  I  have  caused  these  letters  to  be  made 
Patent  and  the  Seal  of  the  Territory  to  be  hereunto  affixed. 

Given  under  my  hand  at  the  Town  of  Washington, 

the  Tenth  day  of  December  in  the  year  of  our  Lord 

j    of  "the    [   one  thousand  eight  hundred  two,  and  in  the  Indepen- 

(   erntoryj   <|ence  0f  ftie  United  States  of  America  the  twenty 

seventh. 

(signed)  William  C.  C.  Claiborne 


To  William  Scott. 

Town  of  Washington  Dec.  18 :  1802 
Sir, 

I  shall  cause  your  appointment,  as  one  of  my  aids  de  Camp, 
to  be  notified  in  general  orders  and  flatter  myself,  that  you  will 
for  the  future  consider  yourself  as  fully  vested  with  the  powers 
attached  to  that  office. 

I  wish  you  to  furnish  yourself  with  all  convenient  despatch 
with  a  suit  of  Uniform  and  to  hold  yourself  in  rediness  to  ac- 
company me  to  Jefferson  County  on  the  first  day  of  January 
next,  when  I  have  promised  to  dine  with  the  officers  of  the  first 
Batallion  of  the  second  Regiment. 

You  will  rank  as  my  second  aid ; —  The  appointment  of  first 
aid  has  been  conferred  upon  Captain  Claiborne,1  who  I  have 
understood  was  the  senior  Captain,  while  you  were  brother  offi- 
cers in  the  army  of  the  United  States. 

Present  me  respectfully  to  your  Lady  and  believe  me  to  be, 
with  great  sincerity — 

your  friend 

(signed)    William  C.  C.  Claiborne 

1  Ferdinand  L.  Claiborne,  captain  regular  army  October  23,  1799. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  571 

To  Abner  L.  Duncan 

Washington  Decern:   18:   1802. 
Sir, 

On  yesterday,  I  issued  a  Commission  to  the  Judges  of  the 
Superior  Court,  authorising  them,  or  any  two  of  them,  to  hold 
in  and  for  the  District  of  Adams  on  Tuesday  next  the  twenty 
first  of  December,  "A  Court  of  Sessions  of  the  Peace,  Oyer 
"&  Terminer,  for  the  trial  of  offenders."  —  This  information  is 
communicated  to  you,  in  order  that  you  may  attend  and  be  pre- 
pared to  prosecute  in  behalf  of  the  Territory. 

I  am  &c 

Signed  William  C.  C.  Claiborne 


To  Henry  Dearborn. 

Natchez  Decern :  21 :  1802 
Sir, 

On  the  11th:  instant,  I  drew  a  bill  upon  you  for  two  hundred 
and  five  dollars,  payable  at  five  days  sight,  to  Ferdinand  L.  Clai- 
borne, merchant  at  Natchez,  or  to  his  order,  and  now  enclose  you 
the  accompt  and  vouchers,  which  occasioned  that  draft,  in  order 
that  the  accompt  may  be  closed  in  the  Books  of  the  War  Depart- 
ment. 

The  expense  for  freight  &c:  of  the  rifles  has  been  greater 
than  I  expected,  but  they  are  such  as  are  usually  paid. 

The  rifles  which  have  been  distributed  to  the  Militia,  were 
sold  at  fourteen  dollars,  each,  payable  in  Cotton  at  the  Cash 
price: —  the  Cotton  to  be  delivered  on  or  before  the  first  day 
of  February  next —  no  payments  have  yet  been  made. 

An  early  acknowledgement  of  this  letter  with  its  enclosures, 
will  be  to  me  satisfactory,  I  not  having  taken  duplicates  of  one  of 
the  vouchers  (viz)  the  Bill  of  lading  and  the  receipt  thereon  for 
one  hundred  and  twenty  three  dollars  &  seventy  five  cents. 

I  am  &c. 

Signed    William  C.  C.  Claiborne 


572  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  James  Madison. 

Near  Natchez 
December  21 :  1802. 
Sir, 

On  the  5th :  instant,  the  Legislature  of  this  Territory  (  agree- 
able to  law)  met  at  the  town  of  Washingtin,  and  on  the  8th: 
a  quorum  of  the  two  houses,  being  assembled,  I  delivered  to  them 
an  address,  a  copy  of  which  together  with  the  answers  returned 
thereto  by  the  Houses  respectively,  you  will  find  in  the  papers 
enclosed. 

The  Commission  which  was  forwarded  to  Mr.  David  Ker, 
was  received  by  the  last  mail  and  he  has  entered  on  the  duties 
of  his  Office1 

Mr.  Ker's  appointment  has  given  much  satisfaction  to  a  great 
portion  of  the  citizens,  and  he  is  in  my  opinion  a  valuable  acqui- 
sition to  our  Territorial  Bench. 

The  Port  of  Orleans  still  remains  shut  against  the  American 
deposit : —  American  produce  is  permitted  to  be  received  by  ves- 
sels laying  in  the  stream,  but  the  landing  of  the  produce  is  un- 
conditionally forbidden.  Indeed  so  rigorous  is  the  Government  in 
this  point,  that  in  a  late  instance  where  a  cotton  boat  was  upset 
by  wind  opposite  to  the  Port  of  Orleans,  there  was  some  difficulty 
in  obtaining  permission  to  place  the  cotton  taken  from  the  river 
on  the  Levee. 

Notwithstanding  the  declaration  of  the  Governor  General  of 
Louisiana  in  his  letters  to  me,  I  am  firmly  persuaded  that  the  In- 
tendant's  Proclamation  was  directed  by  the  Spanish  Court,  this 
is  the  opinion  of  some  of  the  best  informed  Citizens  of  the  United 
States  residing  at  Orleans. 

It  is  believed  that  the  French  will  take  possession  of  Louisiana 
in  the  course  of  the  Winter  or  early  in  the  Spring. 

I  am  &c. 

(Signed)  William  C.  C.  Claiborne 

1  One  of  the  territorial  judges. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  573 

To  James  Wilkinson. 

Near  Natchez  24:  Dec:  1802 
Sir, 

Your  letter  of  the  14  instant,  was  yesterday  handed  to  me,  by 
Cap :  Shaumburgh,  and  I  am  gratified  with  your  approbation  of 
my  application  to  the  Governor  of  Louisiana : —  It  being  my  first 
wish,  that  my  acts  should  be  approved  of,  by  just  and  wise  men: 
—  I  have  however  concluded,  not  to  give  the  correspendence  be- 
tween that  Governor  and  myself  publicity,  because  having  trans- 
mitted to  the  President  of  the  United  States,  it  will  by  him,  be 
given  to  the  public,  if  the  publication  be  proper. 

The  paragraph,  marked,  in  your  letter  relative  to  your  red 
associates,  and  the  difficulties  you  have  had  to  encounter  in  es- 
tablishing the  boundary  line  between  the  Choctaws  and  the 
United  States,  shall  be  given  to  the  public: —  its  effect  upon 
the  Indians,  as  well  as  our  Citizens  may  be  beneficial. 

It  is  continued  to  be  understood  here  that  the  French  will  take 
possession  of  Louisiana,  in  the  course  of  the  Winter,  or  early 
in  the  Spring,  but  how  far  this  understanding  may  be  correct, 
I  cannot  say : —  but  it  would  seem  from  the  information  of  your 
Eastern  friend,  that  if  they  intend  doing  so,  that  their  movements 
in  relation  thereto,  must  be  made  very  secretly. 

I  am  truly  anxious  to  see  you  as  well  on  subjects  of  public 
as  personal  interest,  and  no  common  impediments  shall  prevent 
my  leaving  this  on  the  4:  of  January  next  for  the  purpose  of 
passing  with  you  two  or  three  days; —  perhaps  I  may  set  out 
an  earlier  day  but  then  most  certainly. 

I  am  &c, 

Signed  Wm.  C.  C.  Claiborne 


To  Henry  Dearborn. 

Natchez  Jany.  3  1803 
Sir, 

I  have  this  day  drawn  on  you,  in  favor  of  Capt.  James  Ryan, 

for  one  hundred  dollars  and  twenty  five  cents: —  this  draft  is 


574  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

drawn  to  meet  the  payment  of  a  draft  drawn  on  me  by  Silas 
Dinsmoor  agent  to  the  Choctaws,  in  favor  of  General  Wilkinson 
and  by  him  endorsed.  Mr.  Dinsmoor's  draft  is  in  the  following 
words : 

*— . .  ,  .'      ^ 

"Sir, 

At  sight  please  to  pay  to  Brigadier  General  James  Wilkinson 
"or  his  order  a  hundred  dollars  and  twenty  five  cents  being  for 
"cash  advanced  for  contingencies  in  the  Choctaw  Agency,  and 
"you  will  oblige  Sir, 

your  most  obedient 
signed  Silas  Dinsmoor 

Agent  to  the  Choctaws. 
"23d:  October  1802. 
"His  Excellency 

Governor  Claiborne" 

I  deem  it  proper  to  be  thus  particular  in  this  my  letter  of 
advice,  in  order  that  you  may  be  well  informed  of  the  detailed 
expenses  of  the  Indian  Agencies  under  my  superintendance,  ex- 
pecting that  to  be  so,  will  be  satisfactory  to  you 

I  have  the  honor  to  be  &c 

signed  Wm.  C.  C.  Claiborne 


To  James  Madison. 

Natchez  January  3rd :  1803 
Sir, 

The  enclosed  hand  bill  has  this  moment  reached  me; —  it 
has  every  appearance  of  being  an  official  publication  — 

The  conduct  of  the  Spanish  Government  in  Louisiana,  is 
indeed  extraordinary;  of  late  their  acts  manifest  a  determined 
hostility  to  the  U.  States. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  575 

The  violation  of  the  Treaty,  so  far  as  related  to  the  deposit 
at  Orleans,  gave  rise  to  much  agitation  in  this  Territory,  and  this 
recent  attack  upon  every  principle  of  friendly  intercourse,  and  of 
those  acts  of  civility  which  ought  to  take  place,  between  two 
nations  in  a  state  of  peace,  has  rendered  the  ferment  still 
greater. 

We  have  in  this  part  of  the  Territory,  about  two  thousand 
Militia,  pretty  well  organized,  and  with  a  portion  of  this  force 
(say  six  hundred  men)  my  opinion  is,  that  New  Orleans  might 
be  taken  possession  of  provided  there  should  be  only  Spanish 
troops  to  defend  the  place. 

I  deem  it  my  duty  to  inform  you,  that  there  are  in  Orleans 
and  on  the  Coast,  a  number  of  Inhabitants  devoted  to  the  Ameri- 
can interest,  and  in  the  event  of  hostilities,  would  most  certainly 
join  the  American  standard. 

I  am  &c 

(Signed)  William  C.  C.  Claiborne 


To  Gov.  Claiborne,  from  Gideon  Granger. 

Genl :  Post  Office 
Novr:  12:  1802 
Sir, 

I  have  the  pleasure  to  acknowledge  the  receipt  of  yours  of 
the  6:  of  Sept:  and  to  inform  you,  an  office  is  established  at 
Greenville,  and  Doctor  Shaw  appointed  Postmaster. 
I  am  &c 

(Signed)  Gidn.  Granger 


576  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  David  Rawn,  Clerk  in  Treasury. 

Treasury  Department 

Comptroller's  Office 
Decemr:  4:  1802. 
To  the  Same 
Sir, 
Your  accompt,  for  stationary,  furnished  for  the  use  of  your 
Office,  from  the  1st.  of  January  to  the  30 :  of  June  1802,  has  been 
adjusted  at  the  Treasury  and  the  sum  of  thirty  seven  dollars 
and  seventy  five  cents,  stated  to  be  due  to  you  from  the  United 
States,  agreeably  to  the  accompt  rendered,  which  will  be  paid 
under  the  direction  of  the  Secretary  of  the  Treasury. 
I  am  &c 

David  Rawn 
Actg  as  Comptr. 


From  James  Madison  to  Gov.  Claiborne. 

Department  of  State 

Novem:  29:   1802 

I  commit  to  your  particular  attention  the  inclosed  letter  to 
Mr.  Hulings  which  covers  others  from  the  Spanish  Minister  here 
on  the  subject  of  the  late  decree  at  New  Orleans  against  the 
deposit  of  American  merchandize  at  that  place.  The  letter 
to  Mr.  Hulings  is  left  open  that  you  may  know  the  light  in  which 
this  proceeding  is  viewed  by  the  President,  and  the  steps  taken 
in  consequence  of  it.  You  will  be  sensible  of  the  importance 
of  hastening  the  transmission  of  the  dispatch.  If  a  satisfactory 
conveyance  be  not  at  hand,  and  particularly  if  the  progress  of 
the  merchandize  down  the  river  should  require  an  immediate  one, 
the  President  wishes  you  to  make  use  of  a  hired  Express.   . 

I  am  &c 

Signed  James  Madison 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  577 

To  Wm.  E.  Ruling. 

Near  Natchez, 
January  12:  1803 
Sir, 

The  enclosed  letter  I  have  just  received  and  from  the  im- 
portance of  the  subject  referred  to,  I  have  thought  proper  to 
forward  it  to  you  by  express.  The  general  Government  feels 
seriously  the  insult  that  has  been  offered  us,  and  will  take 
the  necessary  measures  to  insure  reparation  for  the  injuries 
our  commerce  has  or  may  sustain.  The  Executive  (as  I  ex- 
pected) views  the  Proclamation  of  the  Intendant  as  a  direct  vio- 
lation of  our  Treaty  with  Spain,  and  has  demanded  an  immediate 
explanation  from  that  Court. 

By  the  return  of  the  express,  I  solicit  your  opinion  upon,  the 
following  particulars,  as  I  wish  to  make  a  communication  relative 
to  them,  to  the  Secretary  of  State. 

Was  the  Proclamation  of  the  Intendant  under  the  direction 
of  his  Court,  or  did  it  proceed  from  his  own  will? 

At  what  period  is  it  supposed  the  French  will  take  possession 
of  Louisiana,  and  are  any,  and  what  preparations,  making  by  the 
Spanish  Officers,  for  the  delivery  of  the  Province?  and  finally, 
I  pray  you  to  transmit  me,  any  general  information  as  to  the 
state  of  things  at  Orleans,  which  may  effect  the  American  In- 
terest; the  more  particular,  the  more  acceptable,  as  the  most 
minute  matters  may  be  of  importance  to  our  Country. 

I  am  &c. 

Signed  Wm.  C.  C.  Claiborne 


To  Gov.  Claiborne,  from  Wm.  E.  Hulings. 

Translation  of  the  Ptoyal  Order  for  the  delivery  of  the  Prov- 
ince of  Louisiana,  viz. 

"I  have  received  the  following  information  from  the  Minister 
of  War.  By  a  paper  of  the  15th.  Current,  the  Senr.  Dn :  Pedro 
Cevallas,  informs  me  as  follows. 

37 


578  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

The  King  having  ceded  to  the  french  Republic,  the  Colony, 
or  Province  of  Louisiana,  in  its  actual  extent,  and  as  it  was 
possessed  by  the  French,  when  they  ceded  it  to  his  C.  M.  I 
communicate  to  you  the  Royal  Order,  that  disposition  may  be 
made  for  the  delivery  of  the  said  Province  to  the  french  Commis- 
sary, or  Commissaries  that  for  such  effect  shall  present  them- 
selves, with  due  authority,  from  the  Government  of  the  said  Re- 
public, which  Royal  resolution  I  have  transmitted  to  the  Capt. 
General  of  Louisiana,  advertising  him  that  it  was  also  the  will 
of  the  King,  in  what  respects  the  fixed  Regiment,  and  other  vet- 
ran  troops  that  Garrison  that  Province,  that  the  Individuals, 
that  voluntarily  wish  to  remain  under  the  dominion  of  his  Maj- 
esty may  pass  (the  delivery  of  the  Province  being  made)  to  Ha- 
vanna,  where  they  will  receive  their  destination"  I  communi- 
cate to  you  this  Royal  Order,  that  you  may  concur  in  what  re- 
spects you  —  towards  the  accomplishment  of  this  Sovereign  de- 
termination.   God  preserve  you  many  years. 

Madrid  30:  July  1802.  Signed  Solen 

Sen.  Intendant  of  the 

Prov.  of  Louisiana 
Per  Intn 

New  Orleans  December  24 :  1802 

Sir  the  preceding  is  a  translation  of  the  Order  for  the  deliv- 
ery of  the  Province,  I  procured  the  Spanish  Copy  from  a  Friend ; 
It  is  not  yet  communicated  publicly  by  Government. 

I  am  &c 

Signed  Wm   E.  Hulings 


To  Wm.  E.  Huling. 


Near  Natchez 
January  13 :  1803 
Sir,  I  this  day  received  your  favor  of  the  24th :  ulto :  contain- 
ing a  translated  copy  of  the  Royal  Order,  for  the  delivery  of  the 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  579 

Province  of  Louisiana  to  the  French  Commissary  or  Commis- 
saries that  for  such  effect  shall  present  themselves,  with  due 
authority  from  the  Government  of  said  Republic.  This  order  I 
consider  as  official,  and  its  contents  of  material  concern  under 
existing  circumstances,  to  the  Government  of  the  United  States. 

In  my  letter  under  date  of  the  12:  inst:  I  have  communi- 
cated in  detail  my  wishes  relative  to  the  acts  of  the  Provincial 
Government  at  New  Orleans,  that  letter,  will  be  handed  you  to- 
gether with  this  by  the  express. 

I  am  &c 

Signed  Wm:  C.  C.  Claiborne 


To  Gov.  Claiborne,  from  Henry  Dearborn. 

War  Department 

Decern:  6:  1802 
Sir, 

Your  letters  of  the  4:  &  5th.  of  October  have  been  duly  re- 
ceived, with  their  enclosures.  The  character  and  conduct  of  Mr. 
Mitchell,  is  so  little  known,  as  to  render  it  doubtful  whether  any 
augmentation  of  his  compensation  would  be  proper  or  not —  the 
general  impressions  relative  to  him  as  an  agent,  have  not  been  the 
most  favorable,  but  if  it  shall  appear  on  further  enquiry,  that 
he  is  entitled  to  the  confidence  of  the  Executive,  and  that  his  situ- 
ation and  exertions  will  warrant  an  additional  allowance  it  will 
be  given.  In  the  mean  time  I  will  thank  you  Sir,  for  your  opinion 
of  him  as  an  agent,  and  on  the  propriety  of  making  him  an  addi- 
tional allowance. 

The  President  is  disposed  to  gratify  Maj :  Colbert,  in  his  re- 
quest respecting  the  education  of  his  son  and  requests  that  he 
may  be  sent  to  this  place  for  the  purpose. 

I  am  happy  in  hearing  of  the  recovery  of  Mr.  Dinsmoor,  altho' 
I  cannot  approve  of  his  conduct  in  the  duel ;  I  am  persuaded  that 


580  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

he  will  be  very  useful  as  an  Agent: —  I  think  he  possesses  as 
many  of  the  necessary  requisites,  as  any  man  of  my  acquaintance. 
And  I  trust  that  Mr.  Chambers  will  execute  the  duties  of  his  trust 
as  Agent  to  the  Factory  with  the  Choctaws,  with  fidelity  and  pro- 
priety—  The  President  is  extremely  anxious  for  the  increase  of 
population  on  our  South  Western  frontiers  and  will  give  every 
encouragement  in  his  power  to  so  important  an  object:  It  is  ex- 
pected that  a  settlement  will  be  made  this  session  of  Congress 
with  the  purchasers  of  Georgia  lands,  and  that  boundaries  will 
be  determined  by  General  Wilkinson,  will  afford  openings  for 
many  new  settlers. 

I  am  &c 

(Signed)    H.  Dearborn. 


To  Henry  Dearborn. 

Near  Natchez 
January  17:  1803 
Sir, 

Your  letter  of  the  6 :  ult.  I  have  had  the  pleasure  to  receive, 
Mr.  Mitchell  has  been  known  to  me,  for  several  years,  and  I 
have  thought  him  a  very  honest  man,  but  of  his  general  conduct 
as  an  agent,  I  am  not  sufficiently  informed  to  say,  how  far  he 
has  merited  the  confidence  reposed  in  him  for  some  time  past, 
Mr.  Mitchell  has  experienced  a  great  share  of  sickness  and  which 
occasioned  inattention  to  his  Agency,  He  however  is  now  re- 
stored to  health  and  promises  to  exert  himself  in  forwarding 
the  views  of  the  Executive,  in  relation  to  the  Indians.  I  think 
it  advisable  for  the  present,  to  retain  Mr.  Mitchell  in  office,  but 
the  question  as  to  the  increase  of  salary  I  would  wish  suspended 
until  his  situation  and  exertions  as  an  agent  are  better 
understood. 

Major  Colbert  shall  be  informed,  of  the  President's  disposi- 
tion to  grant  his  request,  respecting  his  son,  and  I  will  direct 
him  to  be  sent  to  the  city  of  Washington  in  the  Spring. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  581 

• 

I  am  much  pleased  with  Mr.  Dinsmoor  and  am  persuaded,  he 
will  be  very  useful  as  an  Agent,  to  the  former  exertions  and  good 
conduct  of  this  Gentleman,  may  be  attributed  the  progress  of 
civilization,  among  the  Cherokees,  and  I  flatter  myself  his  en- 
deavors will  prove  alike  successful  among  the  Choctaws. 

Mr.  Dinsmoor  is  now  in  Natchez,  but  will  set  out  for  the 
nation  in  twelve  or  fourteen  days;  he  will  take  with  him  the 
Choctaw  annuity  for  1803,  and  I  have  it  in  contemplation  to  di- 
rect his  passage  by  the  route  of  Orleans. —  Altho'  the  Spanish 
Government  have  of  late  acted  so  base  and  treacherous  a  part 
towards  the  American  commerce,  I  presume,  they  will  not  be  dis- 
posed to  intercept  the  presents  for  the  Choctaws,  and  I  suppose, 
I  run  no  risque  in  sending  the  annuity  by  the  way  of  Orleans  and 
Mobile.  Indeed  if  the  Spaniards  should  stop  the  Annuity,  it 
would  not  be  to  me  a  cause  of  much  regret,  for  the  certain  conse- 
quences would  be  a  loss  of  their  influence  among  the  Choctaws, 
which  of  late  they  have  discovered  an  uncommon  solicitude  to 
preserve. 

The  extension  of  the  line  (running  parallel  with  the  Missis- 
sippi) between  the  U.  States  and  the  Choctaw  Nation,  will,  I 
suppose,  be  completed  in  about  twenty  days.  I  very  lately  paid 
a  visit  to  General  Wilkinson,  and  found  him  progressing  rapidly 
with  the  work.  The  line  embraces  a  much  larger  tract  of  fertile 
land  than  was  expected,  and  is  consequently  highly  satisfactory, 
to  the  citizens  in  this  quarter.  My  visit  to  the  General,  arose 
principally  from  a  desire  to  confer  personally  with  him,  on  the 
business  of  the  Choctaw  factory: —  He  is  decidedly  of  opinion, 
that  the  establishment  should  be  made  on  the  Tombigbee,  and  an- 
ticipates no  difficulty  in  making  the  necessary  arrangements 
with  the  Government  at  Orleans. —  But  his  employment  on  the 
line  having  prevented  his  immediate  attention  to  this  subject,  a 
delay  in  the  establishment  of  the  Factory,  has  been  unavoida- 
ble. 

Mr.  Chambers,  the  Factor  greatly  regrets  the  delay  of  his 
business : —  He  seems  to  have  the  welfare  of  the  Institution  much 


582  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

at  heart,  and  will  in  my  opinion  execute  the  duties  of  his  trust, 
with  fidelity  &  Propriety. 

Until  the  Site  for  the  Factory,  is  finally  determined  on,  which 
I  sincerely  hope  will  be  done  in  a  few  weeks,  I  have  requested 
Mr.  Chambers  to  remain  with  me,  for  his  assistance,  which  he 
has  been  polite  enough  to  tender,  I  find  very  essential  in  my  office, 
the  business  of  which  is  amply  sufficient  to  Justify  the  employ- 
ment of  a  permanent  Clerk,  and  here  allow  me  to  say,  that  if 
I  had  permission  to  employ  one  it  would  conduce  to  the  benefit  of 
the  public  service. 

I  have  received  no  recent  dispatches  from  New  Orleans: — 
At  the  date  of  my  last  letters,  the  port  still  remained  shut  against 
the  American  Deposit,  and  it  was  not  understood,  that  the  decree 
of  the  Intendant  is  likely  to  be  revoked. 

I  am  &c: 

(signed)  Wm  C.  C.  Claiborne 


To  Henry  Dearborn. 

Mississippi  Territory 
Town  of  Washington 
January  19th. .    1803 
Sir, 

I  this  day  bargained  with  Mr.  Joseph  Calvit,  for  forty  one 
acres  of  land  which  includes  the  Site  which  had  been  selected  for 
the  new  post;1  an  ample  supply  of  timber  for  the  contemplated 
buildings  and  of  firewood  for  the  use  of  the  Garrison  for  several 
years. 

The  price  Pr.  acre,  is  fifteen  dollars,  which  I  fear,  will  appear 
to  you  extravagant,  but  I  do  assure  you  Sir,  that  from  the  singu- 
lar advantages  which  this  little  tract  possesses; —  Its  contiguity 
to  the  town  of  Washington,  the  healthiness  of  the  situation: — 

1  Fort  Dearborn,  which  for  many  years  was  the  most  important  military 
post  in  Mississippi   Territory. 


GOVERNOR  WILLIAM   C.   C.  CLAIBORNE.  583 

the  great  elegance  of  the  Site,  fertility  of  the  soil,  the  plentiful 
supply  of  good  Spring  Water,  the  consideration  Pr.  acre  is  far 
from  being  high : — Indeed  I  could  at  private  sale,  sell  the  prem- 
ises for  a  greater  sum,  than  I  have  contracted  to  give. 

The  expense  of  the  contemplated  establishment  (exclusive  of 
the  land)  will  be  very  inconsiderable.  The  hauling  of  the  timber 
may  be  done  by  a  public  team,  and  the  necessary  sawing  hewing 
&ca:  and  puting  up  the  block  houses  will  be  performed  by  the 
soldiers. 

General  Wilkinson  has  ordered  a  company  from  Fort  Adams, 
to  occupy  the  new  post,  and  to  erect  the  block  houses,  which  when 
completed,  I  must  again  recommend  as  a  proper  place  to  deposit 
the  spare  arms  and  Military  stores,  which  are  now  at  Fort 
Adams.  Fort  Adams  is  a  barrier  post  on  our  extreme  frontier, 
and  consequently,  not  a  fit  position  for  a  large  Military  deposit, 
but  the  new  Garrison  is  near  the  center  of  our  population  and 
could  be  resorted  to  by  the  great  body  of  the  people  in  the  time  of 
danger. 

I  shall  send  you  by  the  next  mail  a  plan  of  the  survey  of  the 
Site,  and  I  flatter  myself,  that  the  discretion  I  have  exercised  in 
relation  to  the  quantity  of  land  purchased  will  receive  your  ap- 
probation. 

I  am  &c 

Signed    Wm. .  C.  C.  Claiborne 


To  James  Madison. 


Near  Natchez 

January  19 :  1803. 
Sir, 

On  the  10th:  instant,  I  had  the  honor  to  receive  your  favor 

of  the  29th:  of  November  last,  together  with  its  enclosures.    A 

private  opportunity  not  having  offered,  I  despatched  by  a  hired 


584  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

express  the  letter  to  Mr.  Hulings,  and  I  presume  it  has  by  this 
time  reached  him. 

At  the  date  of  the  last  advices  from  New  Orleans,  that  post 
continued  shut  to  the  American  deposit,  and  it  was  not  under- 
stood that  the  Intendant  was  likely  to  revoke  his  decree ; —  I  am 
however  fully  persuaded,  that  the  serious  light  in  which  the 
subject  is  viewed  in  the  United  States: —  the  demand  of  repara- 
tion for  the  injury  our  commerce  may  sustain,  together  with 
the  advice  from  the  Spanish  Minister,  will  induce  the  Intendant 
to  rescind  his  Edict,  if  it  has  really  arisen  from  his  own  will. 

The  enclosed  paper  purports  to  be  a  copy  of  the  Royal  Order 
for  the  delivery  of  the  Province  to  the  Republic  of  France;  It 
was  forwarded  to  me,  by  Mr.  Hulens,  and  there  is  little  ground  to 
doubt  its  authenticity. 

I  am  Sir  &ca. 

Signed  William  C.  C.  Claiborne 


To  James  Madison. 

Near  Natchez 
January  20 :  1803 
Sir, 

I  have  lately  received  a  return  of  the  claims  which  have  been 
filed  in  the  County  of  Washington,  general  abstract  of  which, 
I  now  have  the  honor  to  enclose  you. 

Most  titles  which  have  been  exhibited  in  Washington  County, 
are  very  incomplete.  It  is  not  believed,  that  any  of  the  Citizens 
claiming  under  Spanish  sales,  had  obtained  patents  previous  to 
October  1795,  but  remained  in  possession  of  their  lands,  by 
virtue  of  an  order  of  survey  from  the  Governor  General,  which 
is  commonly  called  a  Grant;  with  regard  to  this  species  of  title, 
I  was  explicit  in  my  letter  of  the  5th:  of  November,  and  to 
which  I  beg  leave  to  refer  you,  with  this  additional  observation, 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  585 

that  it  was  not  until  after  the  conquest  of  Florida,  by  the  Span- 
iards, that  they  introduced  the  custom  of  issuing  patents;  pre- 
vious to  that  time  a  warrant  of  survey  and  possession  was  the 
only  mode  of  Spanish  conveyance,  and  subsequent  to  the  period 
alluded  to,  this  kind  of  title  after  three  years  occupancy  was  es- 
teemed valid. 

Abstract  No.  1.  exhibits  the  quantity  of  land  claimed  under 
British  and  Spanish  Grants. 

Abstract  No . .  2  exhibits  the  quantity  of  land  claimed  under 
British  and  French  Patents. 

Abstract  No.  3  exhibits  the  quantity  of  land  claimed  (under 
Occupancy)  by  persons  who  were  actual  settlers  within  the 
Ceded  Territory  in  October  1795. 

There  are  also,  in  the  County  of  Washington  one  hundred 
and  eight  heads  of  families,  who  have  settled  vacant  land,  and 
made  considerable  improvements  subsequent  to  1795. 

I  flatter  myself  that  to  these  Citizens  a  right  of  pre-emption 
will  be  given,  and  I  do  sincerely  believe,  it  would  be  good  policy 
to  sell  the  land  low  to  actual  settlers : —  It  will  be  the  only  means 
of  preventing  a  considerable  emigration  to  Louisiana,  from  this 
most  remote  and  vulnerable  part  of  the  United  States. 

A  letter  from  Mr.  Richard  Lee  Clerk  of  Washington  County 
accompanying  the  return  of  Claims  is  also  enclosed. 

I  am  &c 

(signed)     Wm    C.  C.  Claiborne 
N.B. 

The  original  papers  exhibiting  the  Claims  of  the  Citizens  of 
Washington  County  to  their  lands  are  filed  in  my  Office,  it 
having  oeen  considered  not  material  to  forward  them,  as  their 
substance  is  selected  and  brought  into  due  view,  in  the  enclosed 
abstracts,  if  however  they  should  be  wanted,  on  intimation  there- 
of they  will  be  forwarded.  W.  C.  C.  C. 


586  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  James  Wilkinson. 

National  boundary 

January  23 :  1803. 

Sir,  I  have  the  pleasure  to  inform  you,  that  I  the  last  evening 
compleated  the  Choctaw  boundary,  but  was  somewhat  perplexed 
to  ascertain  this  boundary,  which  is  not  more  obvious  than  an 
ordinary  Choctaw  trace: —  to  ascertain  my  distance  from  the 
Mississippi,  I  shall  measure  Mr.  Ellicotts  traverse,  until  I  find 
some  clear  Testimonial  to  satisfy  me  in  this  particular,  and  if  not 
delayed  by  high  Waters,  I  will  reach  Fort  Adams  the  27  or  28th : 
—  To  save  time  and  expense,  I  send  you  under  cover  a  memo- 
randum of  articles  which  I  wish  for  the  accommodation  of  Choc- 
taw Commissioners  and  Guides: —  which  I  will  thank  you  to 
order  down  to  Fort  Adams,  where  the  Cloaths  may  be  made  by 
the  Regimental  Taylors  and  properly  fited. —  These  articles  being 
promised  to  them,  I  shall  be  obliged  to  purchase  if  they  are  not 
furnished  from  the  public  goods,  which  is  consonant  to  the  ideas 
of  the  Executive  conveyed  to  me  by  the  Secretary  of  War. 

I  am  &c 

signed    Ja  Wilkinson. 


Memo:    of  Articles   for  the   Choctaw   Commissioners   and 
Guides,  transmitted  his  Excely.  Govr.  Claiborne — 

3  full  trimed  long  coats,  blue  &  buff. 

2  Blue  Capots,  red  cuffs  &  Capes. 

3  white  Watch  Coats. 

5  Hats. 

6  fine  white  Shirts. 

4  Calico do — 

5  Pr.  scarlet  leggins. 
5  Blue  flaps. 

January  23.  1803 

(Signed)  Ja:  Wilkinson 

Commissioner  of  the  United  States. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  587 

To  James  Wilkinson. 

Washington 

January  29 :  1803 
Sir, 

I  received  yesterday  your  letter  of  the  23rd:  inst  and  am 
happy  to  learn  that  you  have  completed  the  Choctaw  Boundary. 
After  you  have  ascertained  your  distance  from  the  Mississippi 
and  shall  have  arrived  at  Fort  Adams,  I  will  thank  you  (when 
leisure  permits)  to  give  me  an  opinion  as  to  the  quantity  of  land, 
to  which  the  Indian  Claim  has  been  extinguished. 

The  presents  which  you  have  promised  the  Choctaw  Commis- 
sioners and  guides,  they  have  well  deserved.  It  however  is  not 
in  my  power  to  furnish  them  from  the  fund  you  suggest;  since 
among  the  Choctaw  Annuity  (now  at  Natchez)  there  is  no  cloth- 
ing of  the  description  you  have  mentioned,  and  if  there  was,  it 
would  seem  unjust  to  reward  the  Commissioners  and  guides  from 
that  source;  and  I  have  no  authority  to  appropriate  (in  this  way) 
any  of  the  goods  destined  for  the  Factory. 

I  have  understood,  that  there  are  two  stores  at  Fort  Adams, 
where  I  presume  you  might  purchase  the  articles  specified  in  your 
memorandum  and  no  doubt  the  cost  thereof,  would  be,  immedi- 
ately, paid  to  your  draft  by  the  Secretary  of  War, —  Or  if  you 
should  prefer  to  draw  a  bill  upon  me  in  my  Character  as  super- 
intendent of  Indian  affairs,  it  will  be  duly  honored. 

In  your  letter  of  the  15:  instant  which  was  handed  me  by 
Captn:  Shaumburgh,  you  express  an  intention  (after  the  line 
was  completed)  of  calling  upon  me,  "for  such  aid,  as  might  be 
necessary  to  reimburse  expenses." —  Upon  reflection,  it  appears 
to  me  most  proper  that  these  expenses  should  be  met  by  your 
draft,  immediately,  on  the  Secretary  at  War ;  in  as  much  as  from 
our  correspondence  copies  of  which  have  been  transmitted  to 
the  War  office,  it  appears  that  the  expenses  of  the  line,  were  to 
have  been  directed  exclusively  by  you. 

I  am  &c 

Signed   Wm.  C.  C.  Claiborne 


588  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  James  Madison. 

Mississippi  Territory 
Near  Natchez 
Jany.  28:  1803 
Sir, 

The  express  which  I  despatched  to  New  Orleans,  on  the  11 : 
instant,  returned  yesterday  and  brought  me  the  enclosed  packet, 
accompanied  by  a  letter  from  Mr.  Hulings,  a  copy  of  which  is 
herewith  forwarded. 

It  seems  the  Intendant  is  firm  to  his  purposes  and  that 
the  deposit  will  not  be  restored. 

This  Intendant  is  represented  to  be  a  man  of  handsome 
talents,  and  extensive  fortune,  that  he  should  risque  his  repu- 
tation and  estate  by  persisting  in  a  measure  of  this  kind  without 
authority  from  his  Court  appears  to  me  extraordinary. 

The  boats  from  the  Westward  are  arriving  daily  at  Natchez : 
I  have  understood  that  there  are  many  vessels  now  in  the  port 
of  Orleans  waiting  for  freight,  which  they  received  on  board, 
while  lying  at  anchor  in  the  stream.  But  as  the  American  De- 
posit, is  no  longer  permitted,  and  foreign  vessels  prohibited  from 
trading  to  Orleans,  it  will  probably  follow  that  few  for  the  future 
will  enter  the  river.  The  consequence  then  will  be,  that  the 
number  of  vessels  will  be  insufficient  for  the  demand,  and  the 
surplus  produce  of  the  West,  will  be  lost  to  our  Country  and  to 
the  industrious  farmer. 

I  am  &c 

Signed   Wra.  C.  C.  Claiborne. 


To  Henry  Dearborn. 

Near  Natchez 
January  31.  1803. 

Sir, 

Your  circular  letter  of  the  8th  of  Decern:  together  with  its 

enclosures,  I  have  had  the  honor  to  receive,  I  shall  give  the 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  589 

necessary  directions  for  carrying  the  law  of  Congress,  you  refer 
to,  into  effect,  and  in  a  short  time,  I  shall  transmit  you  a  com- 
pleat  statement  of  the  Military  strength  of  this  Territory. 

In  my  letter  of  the  17:  of  September  last,  I  suggested  the 
propriety  of  appointing  a  Brigadier  General,  in  the  Militia  of 
this  Territory,  and  took  the  liberty  to  express  a  wish,  that  Colo : 
Benajah  Osmun,  the  Officer  at  present  commanding  the  Brigade 
might  be  promoted. 

The  appointment  of  a  General  would  certainly  tend  to  the 
perfecting  of  the  Militia,  and  I  am  firmly  persuaded,  that  if 
the  President,  should  confer  the  appointment  upon  Colo.  Osmun, 
he  would  discharge  his  duty  with  usefulness  to  his  Country  and 
credit  to  himself.  If  a  Junior  officer  of  the  Militia  was  appointed 
General,  it  would  certainly  create  great  dissatisfaction  in  the 
Brigade. 

I  am  &c 

signed  Wm  C.  C.  Claiborne 


To  Henry  Dearborn. 

Near  Natchez,  February  15th.  1803. 
Sir, 

Enclosed  is  a  Map  of  forty  three  acres  of  land  purchased 
for  the  new  Garrison.  I  have  obtained  a  deed  for  the  land 
and  so  soon  as  it  is  recorded  in  the  proper  office,  I  will  forward 
to  you,  the  Original  Copy. 

After  the  Surveyor  had  made  an  accurate  calculation  he 
found  there  was  forty  three  acres  included  within  the  survey, 
two  acres  more  than  I  named  to  you  in  my  letter  of  the  19th. 
ulto. 

To  avoid  the  expense  of  purchasing  timber  for  the  contem- 
plated buildings,  and  fuel  for  the  use  of  the  Garrison  and  to  se- 
cure ground  sufficient  for  convenient  gardens,  and  to  prevent 


590  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

the  Citizens  from  erecting  tippling  houses  immediately  in  the  vi- 
cinity of  the   Fort,   which   invariably   produces   irregularities 
among  the  troops,  I  deemed  it  expedient  to  contract  for  the  quan- 
tity of  land  above  mentioned. 
I  am  &ca 

signed    Wm.  C.  C.  Claiborne 


To  Gov.  Claiborne,  from  James  Wilkinson. 

Fort  Adams 
February  18 :  1803 
Sir, 

My  incessant  engagements  since  my  arrival  at  this  place,  have 
prevented  the  earlier  acknowledgement,  of  your  letter  of  the  29 : 
Ultimo. 

The  sketch  of  the  Indian  concession  is  nearly  compleated,  soon 
after  which  I  shall  transmit  you  a  copy  with  a  calculation  of  the 
contents,  which  will  exceed  1.900.000  Acres. —  When  I  addressed 
you  on  behalf  of  the  Choctaw  Guides  and  Commissioners,  for  the 
small  presents  promised  to  them,  the  idea  of  furnishing  them 
from  the  donation  goods  rested  on  the  enclosed  extract  of  a 
letter  from  the  Secretary  of  War  to  me;  and  my  reference  to 
the  goods  destined  for  the  Factory,  was  suggested  by  a  desire  to 
save  the  public  the  heavy  advance  of  the  Country  on  such  articles. 
But  as  the  amount  will  be  inconsiderable,  I  have  determined  to 
furnish  them  agreeable  to  your  recommendation,  and  when  the 
Chiefs  are  Equped  will  transmit  you  the  account. 

The  remark  offered  to  you  in  my  letter  of  the  15 :  Ultimo, 
respecting  the  reimbursement  of  the  expenses  incurred  in  es- 
tablishing the  Choctaw  boundary,  was  founded  on  information 
received  from  yourself,  that  the  Secretary  of  War,  had  instructed 
you  to  make  the  necessary  provision  for  the  occasion,  and  had 
authorised  you  to  draw  on  him  for  the  amount ;  It  must  certainly 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  591 

be  considered  a  happy  circumstance,  that  I  should  be  able  to 
save  the  expenses  contemplated,  and  to  accomplish  the  busi- 
ness without  imposing  the  least  trouble  on  your  Excel- 
lency; It  was  obviously  the  intention  of  the  Executive,  that 
the  disbursements  should  pass  through  your  hands,  and  as  I  have 
received  no  Counter  Orders,  altho'  copies  of  our  correspondence 
were  transmitted  by  me  to  the  Secretary  of  War,  in  November, 
I  think  it  may  be  fairly  inferred,  that  no  change  of  disposition 
has  ensued,  and  therefore  with  the  utmost  deference  to  your 
opinion,  I  remain  under  the  impression  that  this  is  the  proper 
course  for  the  business,  and  that  it  would  be  manifestly  improper 
for  me,  to  draw  on  the  Secretary  of  War,  without  being  instructed 
to  do  so.  I  have  therefore  felt  it  my  duty  to  submit  to  you  Sir, 
under  another  cover,  a  Genl :  acct :  of  the  disbursements  in  ques- 
tion, and  to  make  application  to  you  for  reimbursements,  without 
which  the  further  views  of  the  Executive  of  the  United  States, 
confided  to  me,  must  be  delayed  and  may  be  defeated:  I  will 
therefore  hope  that  you  may  on  reconsideration,  see  the  subject 
in  the  same  light  it  strikes  me,  and  that  you  may  think  proper  to 
favor  this  address -with  much  consideration  and  respect. 

I  am  &c 

(signed)    Ja  Wilkinson 


To  Gov.  Claiborne,  from  James  Wilkinson. 

Fort  Adams 

Feb.  18:  1803. 
Sir, 

I  have  the  honor  to  inform  you  that  having  closed  the  account 
of  the  expenses  incidental  to  the  establishment  of  the  Choctaw 
boundary,  conformably  to  the  stipulations  of  the  Treaty  of  Fort 
Adams,  (as  far  as  was  practicable)  I  find  the  amount  to  be  cor- 
respondent to  the  within  statement,  which  I  have  discharged  and 


592  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

shall  hold  the  vouchers  for  the  final  adjustment  of  my  accounts 
at  the  Treasury,  in  the  mean  time  it  becomes  essential  to  the 
further  objects  of  Government,  that  I  should  be  reimbursed  this 
sum,  and  my  only  resort  in  this  case  is  to  your  Excellency,  who 
has  been  authorised  by  the  Secretary  of  War,  to  provide  for  the 
occasion  of  these  expenses: —  I  will  therefore  request  of  you 
to  be  so  obliging  as  to  transmit  me  the  amount  of  the  within 
account,  for  which  I  shall  give  you  duplicate  receipts  to  be  passed 
to  my  debit  in  the  proper  office. 
With  &c 

Signed  Ja  Wilkinson. 


Dr"   The    united    States   in    a|c    with- 

Brigadr.  General  James  Wilkinson 
For  various  disbursements  made  by  him,  incidental  to  the  estab- 
lishment of  the  Choctaw  boundary  line  agreeably  to  the  Treaty 
of  Fort  Adams,  for  which  he  holds  regular  vouchers.     Dollrs. 
2.155.00 

Certified  this  18:  day  of  Feby.  1803 

signed    Ja  Wilkinson 


To  James  Wilkinson. 

Town  of  Washington 

February  23 :  1803. 
Sir, 

Your  letters  under  date  of  the  18th :  were  duly  received. 

Upon  mature  reflection,  it  continues  to  be  my  opinion  that  the 
expenses  of  the  line,  should  be  met  by  your  drafts  immediately 
on  the  Secretary  of  War. 

In  a  letter  from  the  Secretary  of  War  to  me,  of  the  7th. 
of  June  last  (an  extract  from  which,  I  have  heretofore  enclosed 
you)  he  thus  expresses  himself  "should  General  Wilkinson  sue- 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  593 

ceed  with  the  Choctaws  in  obtaining  their  consent  (and  of  which 
you  will  be  informed)  I  have  to  request  that  your  Excellency, 
will  appoint  some  capable  person  to  assist  him,  as  Surveyor,  and 
also  to  procure  chain  men,  pack  horses,  provisions  and  stores  on 
the  most  reasonable  terms.  Your  bills  on  this  Department  for 
any  expense  which  you  may  incur  in  the  business  will  be  accepted 
and  paid  on  the  shortest  notice."  It  appears  to  me  that  from  the 
letter  as  well  as  the  Spirit  of  the  above  quotation,  I  am  not  au- 
thorised to  draw  for  any  other  than  such  expenses  as  I  had  either 
directed  or  incurred. 

Previous  to  my  communicating  to  you,  the  tenor  of  the  Sec- 
retary's letter  of  the  7 :  of  June,  you  had  adopted  a  course  for  the 
establishment  of  the  Choctaw  boundary,  diiferent  from  that  pre- 
scribed to  me  by  the  Secretary  of  War,  and  which  you  deemed 
it  your  duty  to  prefer  as  being  the  most  aeconomical  and  ex- 
peditious; your  letter  to  me  on  this  subject  of  the  11th  of  Novem- 
ber last  I  transmitted  to  the  Secretary  of  War,  and  at  the  same 
time  expressed  it  as  my  own  opinion  "that  the  arrangement  (you 
had  adopted)  would  fully  answer  the  object,  and  in  point  of 
Oeconomy  and  expedition,  was  perhaps  the  best  that  could  have 
been  resorted  to."    In  this  opinion  I  am  now  confirmed. 

Under  the  circumstances  it  seems  to  me  there  can  no  diffi- 
culty arise  to  the  War  Office  in  honoring  your  drafts  to  meet  the 
expenses  incurred  in  establishing  the  Choctaw  boundary.  If 
my  endorsement  of  your  bills  drawn  to  meet  these  expenses 
would  afford  you  any  accommodation,  I  will  with  pleasure  do  so : 
-As  it  will  be  to  me  always  highly  satisfactory,  to  cooperate 
with  you,  in  forwarding  the  public  interest. 

I  am  &c 

(signed)  Wm.  C.  C.  Claiborne 

38 


594  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  James  Madison. 

Department  State 

January  17 :  1803 
Sir, 

I  duly  received  your  letter  of  the  25  Novr-  inclosing  the 
letter  to  you  from  the  Governor  at  New  Orleans,  in  which  it  was 
stated  that  the  Intendant  in  arresting  the  course  of  our  trade 
had  acted  without  orders  from  the  Spanish  Government  as  well 
as  contrary  to  the  opinion  of  the  Governor,  This  communication 
was  laid  before  Congress  by  the  President.  You  will  find  by  the 
resolution  of  the  House  of  Representatives  herewith  inclosed  the 
principles  and  purposes  entertained  by  that  branch  of  the  Gov- 
ernment on  the  subject  of  the  Western  rights  and  interests  of 
the  Union.  The  President  having  them  not  less  at  heart  has  with 
the  concurrence  of  the  Senate  appointed  Mr.  Monroe  the  late 
Governor  of  Virginia  a  Minister  Plenipotentiary  and  Extraor- 
dinary immediately  to  France,  and  eventually,  if  expedient  to 
Spain;  where  he  will  be  joined  by  the  respective  Ministers  at 
those  places  in  negotiations  for  more  effectually  securing  and 
if  practicable  enlarging  the  rights  of  the  United  States  on  the 
Mississippi  and  the  Territories  Eastward  thereof. 

Mr.  Monroe  will  proceed  on  his  mission  as  soon  as  he  can 
make  himself  ready  for  it. 

From  the  steps  which  have  been  taken  in  order  to  effect  a 
revocation  of  the  prohibitory  ordinance  of  the  Intendant,  it  is 
hoped  that  the  stipulated  channel  of  trade  is  by  this  time  again 
open.  Considering  however  the  importance  and  urgency  of  the 
case,  it  has  been  suggested  to  the  Spanish  Minister  here,  that  as 
he  now  knows  that  the  Intendant  had  no  instructions  from  his 
government,  and  has  seen  more  fully  the  effects  of  this  violation 
of  Treaty  on  the  Councils  of  the  United  States,  he  might  ad- 
vantageously renew  his  interpositions  with  that  office.  He  has 
accordingly  put  into  my  hands  the  letter  enclosed,  which  I  oeg 
the  favor  of  you  to  forward  to  Mr.  Hulings,  with  a  copy  ol  this 


GOVERNOR  WILLIAM  C.  C.  CLAIBORNE.  595 

letter  by  the  quickest  conveyance;  particularly  in  case  the  right 
of  deposit  should  not  have  been  reestablishec 
I  am  & 

(signed)   Jamea  Madison 


To  Wm.  E.  Huling. 

Natchez 
February  18.  1803 
Sir, 

I  must  ask  the  favor  of  you  to  deliver  in  person  the  enclosed 
letter  to  the  Intendant. 

I  have  forwarded  for  your  information,  a  copy  oi  a  communi- 
cation, which  I  last  evening  received  from  the  Secretary  of  State. 

I  am  &c. 

(signed)  Wm  C.  C.  Claiborne. 


To  James  Madison. 


Near  Natchez 

March  3,  1803 
Sir 

I  duly  received  your  letter  of  the  17  January,  enclosing  one 
from  the  Spanish  Minister  to  the  Intendant,  which  I  immediately 
forwarded  to  Mr.  Hulings  together  with  a  Copy  of  yours. — 

The  enclosed  copy  of  a  Proclamation  lately  issued  at  Orleans 
by  the  Intendant,  will  shew  to  you,  how  far  the  steps  taken  to 
effect  a  revocation  of  the  prohibitory  Ordinance  of  the  Intendant, 
have  been  successful. —  The  Port  is  now  partially  open,  but  much 
remains  yet  to  be  done,  before  the  Trade  is  restored  to  its  Stipu- 
lated Channel. 


596  MISSISSIPPI  TERRITORIAL  ARCHIVES. 

I  heard  with  great  satisfaction  of  the  appointment  of  Mr. 
Monroe,  as  a  Minister  to  negociate  "for  more  effectually  securing, 
&  if  practicable,  enlarging  the  rights  of  the  United  States  on  the 
Mississippi,  and  the  Territory  Eastward  thereof."  I  have  the 
highest  confidence  in  this  Gentleman's  Capacity,  as  well  as  his 
Zeal,  for  the  accomplishment  of  his  mission  in  its  fullest  latitude. 

I  am  inclined  to  the  opinion  that  the  Intendant  will  not  im- 
mediately revoke  his  prohibitory  ordinance,  unless  the  last  letter 
from  the  Spanish  Minister  to  him,  or  other  orders  from  his  Gov- 
ernment recently  given,  impels  him  to  do  so. 

At  the  date  of  my  last  dispatches  from  Orleans,  the 
French  had  not  arrived,  but  they  were  daily  expected. — 

I  am  &c 

Wm-  C,  C,  Claiborne— 


To  Henry  Dearborn. 

Town  of  Washington. 
March  2.  1803 
Sir 

I  now  enclose  you  a  Draft  of  the  Fort  erecting  near  to  this 
Town,  which  was  presented  me  by  Lieutenant  Hopkins  of  the 
first  Regiment. — 

The  work  is  commenced,  &  will  be  completed  in  conformity 
to  the  plan  pointed  out  in  your  letter  to  me  of  the  8th-  of  April 
last.1 

As  Fort  Dearborn  (the  name  which  has  been  given  to  the 
new  Post)  will  frequently  be  visited  by  the  Citizens,  &  the  Officer 
commanding  consequently  subjected  to  increased  Expence,  I  ask 
the  liberty  to  suggest  the  propriety  of  allowing  him  double  Ra- 
tions. 

I  am  &c 

Wm-  C,  C,  Claiborne— 

1  For  details  see  that  letter. 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  597 

To  Wm.  E.  Huling. 

Town  of  Washington  4  March   1803 
Sir 

I  hasten  by  Mr.  Chambers  to  acknowledge  the  receipt  of 
yours  of  25  February. 

The  Intendant's  decree  I  had  received  some  days  since,  & 
forwarded  it  by  the  last  mail  to  the  Secretary  of  State ;  That  he 
has  acted  in  pursuance  of  orders,  has  always  been  my  own  opin- 
ion, altho'  with  you  I  am  in  the  dark  respecting  the  Power — 

You  may  rely  upon  Secrecy  relative  to  your  communications — 
Policy  alone  would  dictate  this,  not  only  as  it  regards  yourself 
privately  but  also  as  our  Government  might  otherwise  be  de- 
prived of  your  active  Services. — 

I  am  &c 

Wm-  C,  C,  Claiborne 


To  James  Madison. 


Near  Natchez 

March  5—  1803 
Sir 

I  enclose  you  a  letter  which  I  have  lately  received  from  Mr 
Hulings;  it  communicates  the  latest  Intelligence  from  N.  Or- 
leans— 

The  Western  Boats  are  arriving  daily  at  Natchez;  out  Mar- 
kets are  low  but  there  is  no  difficulty,  in  exporting  Produce 
from  hence  to  the  Atlantic  States  or  to  Europe —  There  are  many 
Vessels  yet  lying  opposite  to  Orleans,  waiting  for  return  Cargoes, 
&  thirty  two  dollars-62  Cents,  Payable  at  five  days  sight  to 
freight,  which  I  understand  is  not  high — 
I  am  &c 

Wm-  C.  C.  Claiborne 


598  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Henry  Dearborn. 

Natchez.  7.  March  1803 
Sir 

To  meet  some  expenses  which  have  accrued  in  the  Indian  De- 
partment, I  have  this  day  drawn  a  Bill  upon  you  for  two  hundred 
thirty  two  dollars-62  Cents,  Payable  at  five  days  sight  to 
Benjn-  Wilkinson  or  to  his  order. —  I  shall  by  the  next  mail  en- 
close you  the  vouchers  which  occasioned  the  draft — 
I  am  &c 

(Signed)  Wm-  C,  C,  Claiborne 


To  Henry  Dearborn. 

Natchez  7  March  1803 
Exchange  for  232  62-100  Dollars  — 
Sir 

At  five  days  sight  of  this  my  first  of  Exchange  (second  of 
the  same  tenor  &  date  remaining  unpaid)  pay  to  Benj.  Wilkin- 
son or  order  the  sum  of  two  hundred  and  Thirty  two  dollars  and 
Sixty  two  cents,  and  charge  the  same  with  or  without  further 
advice  to  your  most  Obedt-  Servt- 

( Signed)  Wm-  C,  C,  Claiborne— 


Remission  of  Fine. 


William  C,  C,  Claiborne,  Governor  of  the  Mississippi  Terri- 
tory— 

To  all  whom  it  may  concern   G  r  e  e  t  i  n  g — 

Whereas  George  Dickerson,  a  citizen  of  the  State  of  Kentucky 

was  lately  convicted  before  Samuel  Brooks  and  James  Ferrall 

esquires  Justices  of  the  Peace  in  and  for  the  County  of  Adams 

in  said  Territory  under  the  Statute  of  said  Territory  in  such  case 


GOVERNOR   WILLIAM   C.   C.   CLAIBORNE.  599 

made  and  provided,  of  selling  Spirituous  Liquor,  to  wit  three 
Gallons  of  Whiskey  to  certain  Indians  within  the  limits  of  said 
County  and  thereupon  by  the  same  Justices  was  adjudged  to  pay 
the  sum  of  one  hundred  and  twenty  dollars  as  a  fine  one  half  to 
be  paid  to  the  said  Territory  and  one  half  to  the  Informer,  & 
likewise  the  costs  of  prosecution,  Now  KNOW  YE  that  in  and 
by  virtue  of  the  powers  in  me  vested  as  Governor  of  the  said 
Territory  and  for  divers  good  causes  and  considerations  me 
hereunto  moving  I  do  hereby  remit  the  aforesaid  moiety  of  the 
abovementioned  fine,  so  adjudged  as  aforesaid  to  be  paid  to  the 
said  Territory,  and  the  said  George  Dickerson  from  the  same 
and  the  payment  thereof,  do  forever  release  and  acquit,  the  said 
judgment  in  all  other  respects  to  be  fully  carried  into  execution 
according  to  Law — 

In  testimony  whereof  I  have  caused  these  letters  to  be  made 
patent,  &  the  Seal  of  the  Territory  to  be  hereunto  affixed 

Given  under  my  hand  at  the  Town  of  Washington  this  ninth 
Seal  of  the  day  of  March  in  the  year  of  our  Lord  one  thou- 
Mississippi     sand  eight  hundred  three,  and  of  the  Independ- 

Territory     ence  of  the  United  States  of  America  the  twenty 
Seventh 

(Signed)  Wm-  C,  C,  Claiborne— 


Appointment  of  Justices  of  the  Peace. 

1803,  On  the  12th  day  of  March  the  Governor  appointed  the 
following  Gentlemen  Justices  of  the  Peace  &  Justices  of  the 
County  Court  in  the  County  of 

Washington viz 

Figguire  Lewis 
Ranson  Howell 
William  H.  Hargrove 
James  Callier 
William  Pierce — 


600  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  James  Madison. 

near  Natchez  15  March 
1803 
Sir 

The  enclosed  Memorial  &  Petition  from  the  House  of  Repre- 
sentatives of  the  Mississippi  Territory,  upon  the  subject  of  the 
free  Navigation  of  certain  navigable  Rivers,  "falling  into  the 
Bay  of  Mexico,  from  the  Territories  of  the  United  States,  and 
passing  thro'  the  Dominions  of  his  Catholic  Majesty,  "  I  have 
been  requested  to  forward  to  the  Department  of  State,  &  I  must 
ask  the  favor  of  you,  to  lay  the  same,  before  the  President  of 
the  United  States. — 

On  the  12th  Instant,  the  two  Houses  of  Assembly  elected 
Doctor  William  Lattimore  of  Natchez  a  Delegate  from  the  Terri- 
tory to  Congress  for  two  years.  Doctor  Lattimore  is  a  young 
man  of  promising  Talents,  &  a  firm  &  Genuine  republican. — 

On  the  12th  Instant  the  Legislature  adjourned,  to  meet  again 
in  October  next.  —  The  Laws  which  were  passed  are  now  in  the 
press,  &  so  soon  as  they  are  printed  a  Copy  shall  be  transmitted 
to  you. — 

I  have  received  no  late  Intelligence  from  New  Orleans — 

I  am  Sir  &c 

(Signed)  Wm-  C,  C,  Claiborne 


To  Henry  Dearborn. 

Natchez  17  March 
Sir  1803 

I  have  this  day  drawn  a  Bill  upon  you  for  Six  hundred  & 
fifty  five  dollars,  payable  at  five  days  sight  to  Robert  Boyce,  or 
to  his  order,  &  now  enclose  you  the  accompt  &  vouchers  which 
occasioned  the  Draft,  in  order  that  the  accompt  may  be  closed  in 
the  Books  of  the  War  Department. — 
I  am  &c 

(Signed)  W.  C.  C.  Claiborne— 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  601 

To  Henry  Dearborn. 

Natchez  17  March  1803 
Exchange  for  655  Dollars — 

Sir,  At  five  days  sight  of  this  my  first  of  Exchange  (second  of 
the  same  tenor  and  date  remaining  unpaid)  pay  to  Robert  Boyce, 
or  his  order,  the  sum  of  Six  hundred  &  fifty  five  dollars  &  charge 
the  same  with  or  without  further  advice  to  your  mo :  obdt-  Servt- 

(Sign'd)    W,  C,  C,  Claiborne— 


City  Officers  of  Natchez. 

On  the  17th-  of  March,  (1803)  the  Governor  appointed 

John  Girault,  an  Alderman  in  &  for  the  City  of  Natchez — 
On  the  21  of  March,  the  Governor  appointed 

Samuel  Brooks — Mayor 

Samuel  Neil  ) 

T        ,  ..-  I  Aldermen 

Joseph  Newman        j 

and  Peter  A  Vandorn — Marshale  in  &  for  the  City  of  Natchez- 

On  the  22  March,  the  Governor  appointed 

Samuel  Brooks 
Chief  Justice  of  the  Orphans  Court, 
for  the  County  of  Adams. — 

On  the  25th  of  March,  the  Governor  appointed  William  Nich- 
olas, Sheriff  of  Adams  County  vice,  William  Brooks  resigned. 


602  MISSISSIPPI   TERRITORIAL  ARCHIVES. 

To  Gov.  Claiborne,  from  James  Madison. 

Department  of  State  Feby  14th: 

1803 
Sir 

Your  letters  of  the  20th . .  &  21st :  December  and  January  3d : 
have  been  duly  received.  The  rigor  in  abolishing  hospitable  in- 
tercourse between  the  Spaniards  and  the  Citizens  of  the  United 
States  navigating  the  Mississippi  explained  in  the  latter,  justly 
increase  the  indignation  excited  by  the  Original  measure  of  the 
Intendant.  Still  the  stronger  presumption  is  that  the  whole  pro- 
ceeding is  chargeable  on  that  officer,  rather  than  on  orders  from 
his  Government.  The  arrival  of  dispatches  of  November  the 
29th :  from  this  department  will  probably  lead  to  a  further  devel- 
opement  of  the  case,  I  am  sorry  that  these  dispatches  had  not 
reached  you  at  the  date  of  your  last  as  I  infer  from  its  silence  on 
that  point  as  soon  as  it  was  rendered  highly  probably  tho'  not  offi- 
cially certain  that  orders  had  been  issued  by  the  Spanish  Gov- 
ernment to  the  local  authorities  at  New  Orleans  to  deliver  over 
to  French  Commissioners  the  Province  of  Louisiana,  M.  Pichon, 
the  French  Minister  here  was  called  on  to  interpose  with  a  view 
to  prevent  the  example  of  the  Spanish  Intendant  in  violating  our 
rights,  from  being  followed  by  the  new  Occupants,  he  readily 
undertook  to  do  so.  and  I  now  enclose  a  duplicate  of  his  letter  the 
original  having  been  sent  by  a  vessell  engaged  at  Baltimore  for 
the  express  purpose  of  conveying  it.  It  will  be  proper  to  hasten 
the  receipt  of  it  as  much  as  possible  and  consequently  to  do  this 
by  a  hired  express ;  It  is  proposed  by  M.  Pichon  as  well  as  myself, 
that  it  should  be  addressed  to  the  care  of  our  Consul  at  New 
Orleans,  and  I  accordingly  ask  the  favor  of  you  to  put  it  under 
cover  to  him.  By  a  letter  I  have  just  received  from  the  partner 
of  Mr.  Daniel  Clark  in  Philadelphia  it  is  probable  he  will  have 


GOVERNOR  WILLIAM   C.   C.   CLAIBORNE.  603 

returned  to  that  place,  should  this  not  have  happened  Mr.  Hulings 
will  no  doubt  pay  the  necessary  attention  to  the  subject. 

with  sentiments  of  great  respect,  I  have  the  honor  to  be  Sir 
yr.  mo :  obt :  Servt. 

(Signed)         James  Madison 
William  C.  C.  Claiborne  Esq :  &c  &c  &c 


To  James  Madison. 

Near  Natchez  March  27th:  1803 
Sir, 

Your  letter  of  the  14th:  Ultimo  with  its  enclosures  reached 
me  on  the  evening  of  the  24th:  Instant  and  on  the  next  day 
I  forwarded  the  packet  for  New  Orleans  by  express  to  Mr. 
Hulings;  it  is  reported  that  several  french  officers  have  arrived 
at  Orleans  and  Certain  information  received  of  the  sailing  of 
the  fleet  with  the  army  for  Louisiana.  If  this  report  be  true 
I  shall  be  advised  thereof  on  the  return  of  my  express,  but  at 
present  I  do  not  myself  give  much  credit  to  the  Rumour. 

Mr.  Monroe's  Mission  is  highly  satisfactory  to  most  of  the 
reflecting  Citizens  of  this  territory;  but  there  are  some  few 
Characters  among  us  (from  whose  standing  in  society  a  con- 
trary conduct  was  expected)  who  either  from  sinister  views  or 
sanguine  temperaments  reprobate  the  policy  pursued,  and  have 
not  been  wanting  in  exertions  to  inflame  the  public  and  excite 
among  them  a  spirit  of  discontent.  But  happily  the  reason  and 
fears  of  these  men  having  obtained  the  ascendancy  of  their  pas- 
sions, no  difficulty  has  been  experienced  in  suppressing  in  the 
bud  such  insurgent  and  disorderly  efforts. 

Mr.  Daniel  Clark  has  returned  from  Europe  and  is  at  this 
time  in  Natchez. 

I  am  sir  with  great  respect  &  Esteem  yr.  mo.  obt.  servt. 
(Signed)  William  C.  C.  Claiborne 


■$ITY  * 


INDEX 


A 

Adams  County— 31,  95,  127,  131,  145,  192,  203,  205,  207,  209,  217,  257,  259, 
306;   report  on  jail,  563,  564. 

Adams,  John,  President— 14,  15,  19,  33,  46,  47,  56,  67,  70,  97,  106,  117,  161, 
210,  259,  282,  320. 

Address  to  inhabitants  of  Mississippi  Territory — 25-29,  30;  of  officers  replied 
to  by  Sargent,  61-62;  of  people  of  Mississippi  Territory  to  President 
Adams,  97,  106  and  note;  to  Gov.  Sevier,  103,  107;  to  commanders  of 
legions,  200-202;  to  territorial  judges,  229  and  note,  230-232;  to  General 
Assembly  of  Mississippi  Territory,  284;  to  militia  officers,  324-326,  453; 
of  Claiborne  to  legislature,  351-355,  and  answer,  355-357,  559-562,  and 
answer,  566-567;  of  House  of  Representatives  of  Mississippi  Territory  to 
President  Jefferson,  371;  of  Claiborne  to  freemen  of  territory,  385-386; 
of  Claiborne  to  judges,  569-570,  571. 

Aliens,  traveling  in  Mississippi  Territory — 54,  120-121;  evil  influence  of,  89, 
161. 

Apalachicola — 261,  263. 

Appointments,  by  governor;  Sargent's  policy — 27;  of  militia  officers,  40-41, 
149-151,  159-160,  175,  228,  330,  332,  384,  399-400;  of  justices,  42,  130- 
132,  133,  134,  135,  145-146,  175,  239-240,  257,  268,  332,  397,  468,  570,  599; 
of  sundry  civil  officers,  132,  241-242,  293,  330,  331,  369,  375,  397-399, 
420,  469,  483,  513,  514, 601 ;  Keeper  of  Seal,  135-136 ;  of  treasurer  of  Pickering 
County,  157;  of  first  attorney-general  of  Mississippi  Territory,  173,  174; 
of  clerk  of  Supreme  Court,  174,  196. 

Arbuckle,  Lieut. — 554. 

Arkansa— 260,  282,  395. 

Armisto,  Andres  Lopez  de — 199. 

Arms  and  ammunition,  requested — 281,  366,  376,  402;  furnished,  411-413, 
428,  435,  436,  441-444,  479,  506. 

Army,  desertion  from — 101,  105. 

Asages — 521. 

Ashley,  Robert— 279. 

Assembly,  General,  see  Legislature. 

Atakapa  Province — 208. 

Attorneys,  territorial — 30;    admission  of,  147-152;    159. 

Ausark,  river — 380. 

B 

Baker,  Col.  Joshua— 422,  423,  424. 

Bashford, 426,  427. 

Bayou  Piere— 118,  168,  181,  226. 
Bear  Creek— 425,  509. 
Berry,  David— 527  note,  529. 

Berthout, 182,  190. 

Bingaman,  Adam— 307,  421. 

Block-house— 377,  378,  387-388,  406,  427,  436,  441,  442,  443,  469,  481,  582, 

583,  589,  590. 

Bonner, 229. 

Bourbon  County — 505. 

■  Bowles,  William— 199,  211  and  note,  261,  263,  266. 
Bracken,  Andrew— 458,  459,  460,  488,  489,  493. 
Brashears,  Turner— 95,  96,  106,  156. 
Brooks,  Samuel — 598. 
Bruin,  Peter  Bryan— 17  note,  30,  53,  59,  76,  84,  95,  101,  106,  147,  148,  173, 

232,  235,  256,  367. 


606  INDE 

Bullock,  Stephen — 440. 
Burke,  John  D.— 161,  162,  183. 

Burnet, 95,  96,  106,  258,  292. 

Burnet,  Col.  Daniel— 424,  519. 

Butler,  Col.  Thomas— 101,  103,  106,  555. 


Cadeans — 64  and  note,  69-70,  72. 

Callier,  Maj.  Isaac — 437. 

Callier,  Maj.  John— 462. 

Calvit,  Joseph— 478,  481,  550,  582. 

Calvo,  Marquis  de  Cassa,  Gov.  Louisiana — 183,  187  and  note,  191,  198,  199, 
211,  261. 

Carmichael,  John  F. — 168. 

Carondelet,  Baron — 116. 

Carter, 415. 

Catholic  Church,  for  courthouse  at  Natchez — 57. 

Cesar, 218  and  note,  221,  227,  229,  233-235,  267. 

Cevallas,  Don  Pedro — 577. 

Chambers,  Joseph— 546  and  note,  547,  553,  580,  581,  582,  597. 

Charles  Town — 51. 

Cherokees— 45,  46,   108,  140,  419,  581. 

Chickasaw  Bluffs— 289,  482,  507,  520  and  note. 

Chickasaws— 45,  46,  108,  110,  140,  156,  175,  176,  195,  208,  209,  210,  213,  261, 
419,  482,  520,  521;  trading  house  for,  477,  482,  520. 

Chinnumbe, 331. 

Christmas,  Maj.  Nathaniel — 437. 

Cipher,  in  Correspondence— 162,  172,  199,  281,  295,  300,  303,307,  308,  313, 
314,  322,  327,  329,  330. 

Choctaws,  depredations  of — 32,  33,  110;  references  to,  45,  46,  47,  63,  64,  65, 
66,  94,  108,  143,  155,  156,  164,  165,  166,  183,  187,  190,  192,  194,  195, 
197,  198,  199,  206,  210,  211,  261,  262,  263,  266,  282,  288,  350,  357-359, 
404-406,  419,  439,  459,  521;  a  menace,  90,  91,  93,  143,  148,  149,  237, 
266,  267,  350,  393,  400,  402,  403,  405-406,  407,  450,  451,  493,  527-529; 
goods  for  at  New  Orleans,  404-411,  439,  451,  452,  459,  460,  470-474,  479 
490,  547,  548,  551;  boundary  line  of,  476,  477,  478,  514,  515,  516,  517,' 
518,  519,  523,  552,  554,  555,  573,  581,  586,  587,  591,  592,  593;  trading 
house  for,  477  and  note,  478,  480,  548,  550,  553,  580,  581,  582;  articles  for, 
586,  587,  590. 

Claiborne,  Capt.  F.  L. — 506  and  note,  546  and  note,  570  and  note. 

Claiborne  County — 422. 

Claiborne's  "Mississippi" — 57  and  note,  366  note. 

Claiborne,  Mrs.  W.  C.  C— 416,  549. 

Claiborne,  W.  C.  C,  photograph  of  opposite  p.  337;  biography  of,  337-341; 
commission  of  governor,  342,  343  and  note,  accepted  343-344,  445  and 
note,  446;  views  on  points  along  the  Mississippi,  347;  states  Sargent's 
attitude,  348;  addresses  legislature,  349,  351-355;  asks  scope  of  powers 
as  Superintendent  of  Indian  affairs ;  350 ;  proclamation  on  bad  treatment 
of  Choctaws,  361;  proclamation  convening  legislature,  362,  403;  address 
to  freemen  of  territory,  385-386;  address  to  Indians,  400-401;  Superin- 
tendent Indian  affairs,  405,  407,  451;  messages  to  legislature,  428-432, 
559-562;  address  to  officers  of  militia,  453-454;  ill  health,  482;  handbill 
to  land  Claimants,  503-505;  drafts  on  U.  S.  Secretary  War,  531,  546, 
565,  571,  573-574,  598,  600,601;  address  to  judges,  569-570;  remits  fine, 
598-599. 

Clark,  Col.  Daniel— 80  and  note,  101,  177,  189,  275,  314,  602,  603. 

Clark,  Daniel,  nephew  of  above,  276. 

Clarksville— 168. 

Colbert,  Maj.  George— 520  and  note,  522,  579,  580. 


INDEX  607 

Collector,  of  port— 158,  167,  168. 

Collins,  Capt. — 154. 

Collins,  John — 453. 

Commerce — 577,  584. 

Commissions,  revoked— 328,  329,  368,  494;    refused,  369. 

Concord  House,  occupied,  by  Sargent — 29;   left,  63. 

Congress,  provision  concerning  aliens — 44,  46;  enacts  compensation  for  ser- 
vices and  property,  60;  asked  to  promote  education  and  religion,  89,  165; 
establishes  port  of  entry  south  of  Tennessee,  157;  petitioned  against 
Sargent  administration,  185  note,  243-252,  258,  282-283;  members  defend 
Sargent,  269;  furnished  information  by  Sargent,  295-298;  petitioned  for 
change  of  government,  319,  320  note,  321,  322,  323,  324;  intentions  toward 
Indians,  417,  418,  419. 

Consuls,  Spanish,  treatment  of — 183. 

Convention,  of  delegates  alleging  abuses — 171,  172;  committee  of,  277  and 
note,  278,  279;   notice  of,  278. 

Council,  territorial — 294  and  note,  301. 

County  Court  Clerks,  instructions  to — 510,  511. 

Court,  Supreme,  see  Judges. 

Courts,  references  to— 144,  145,  147,  192,  203,  205,  207,  219,  224,  232,  234, 
235,  240,  256,  303,  364,  463. 

Coxe,  Zachariah—  29,  31,  35,  51,  52,  53,  58,  59,  64,  72,  79,  81,  82,  94,  100,  101, 
102,  103,  105,  108,  140,  167;  his  crew,  63,  76;  warrant  for  arrest,  77,  78; 
arrest  of,  109,  118,  119. 

Craig, 153. 

Creeks— 33,  45,  47,  107,  144,  194,  195,  262,  419. 

Cushing,  Maj.— 95,  179. 

Cushing,  Thomas  H— 158  note;  216,  225. 

Custom-house — 158. 

D 

Davis,  Hugh— 275,  329  note,  453. 

Davis,  T.  T  —  259,  269,  274,  280,  333. 

Dearbon,  Gen. — 463. 

Deserters— 101,  105,  125,  142,  225. 

Dickerson,  George— 598,  599. 

Dinsmore,  Silas— 459,  460,  485,  486,  489,  493,  509,  515,  516,  517,  518,  522,  531 

579,  580,  581. 
Discontent  in  territory— 89,  171,  184,  185  and  note,  200,  243-252,  268-281,  300. 
Dixon,  Roger— 152,  219. 
Donelson,  Stockley—  390,  391. 
Duhamel,  John— 389. 
Dunbar,  William— 162  and  note,  257,  274,  357. 

Duncan, 214. 

Durand,  John — 50. 

E 

Earle,  Capt.— 404,  407,  411. 

Education— 431  and  note,  432,  438,  561,  568. 

Election  of  representatives? — 252-254,  296,  381;    requirements,  254,  461-462; 

officers  of,  264;    notice  of,  278;    illegal,  290-292;    returns  of,  296. 
Ellicott,  Andrew,  boundary  commissioner  of  U.  S. — 45  note,  46,  47,  73  note, 

93,  105,  108,  110,  136,  162,  163,  171,  195,  237,  248,  249,  262,  266,  267,  288. 
Ellicott 's  Ville— 127. 
Ellis,  Maj.  John — 155,  307  and  note. 

Elmer, 263. 

Emigration —  382 . 
Estates,  intestate — 78. 


608  INDEX 

Expenses,  of  Gov.  Sargent — 185,  186  and  note;  of  secretary  and  judges,  186 
and  note;  of  members  of  legislature,  302;  for  public  buildings,  327;  of 
second  grade  government,  364;  for  stationery,  512,  513,  576;  of  Indian 
agencies,  574,  587,  590,  591-593,  598. 


Fairchild's  Creek— 127. 
Favre,  Simeon— 187,  211. 
Fees— 251,  269,  270. 

Fero, 255. 

Ferguson,  William,  first  sheriff  Pickering  County — 136  note,  316. 
Ferrall,  James,  483,  598. 

Figuroa, -137,  138. 

Fitzgerald,  George— 393,  450. 

Floridas,  reported  ceded  to  France — 402  and  note;   reference  to,  440,  467,  476 

and  note,  550. 
Foreigners,  must  have  passports — 96,  101,  105,  115,  138,  142. 
Fort  Adams— 365,  378,  420,  443,  480,  583,  586,  587,  591. 
Fort  Dearborn — 379  note,  442  note,  549  note,  582  note,  596. 
Fort  Pickering— 380. 
Fort  Sargent — 78  and  note,  79,  117. 
Fort  Stoddert — 472  and  note,  473,  479,  517. 
Fort  St.  Stephens — 514  and  note. 
Fort  Wilkinson— 263. 

Foster, 436. 

Franchammassatubba, 194,  331. 

Freeman,  Thomas — 49  and  note,  73  and  note,  163. 

French  relations — 23,  577-579.     Emissaries  among  Indians,  164. 

Fugitives,  laws  concerning— 113-114,  118,  140;   from  justice,  389-390,  391. 


Galvez, 211  note. 

Garland, 33. 

Gayoso,  Governor— 20,  34,  46,  47,  49,  53,  54,  64,  70,  94,  96,  105,  114,  116, 

118,  121,  125,  142,  143;  death  of,  161,  162. 
General  Assembly,  see  legislature. 
Georgia — 61,  467;  land  commissioners  of,  498  and  note,  499-501;  lands,  580. 

Gerard, 264. 

Gerault,  Major  John— 83,  117,  146,  160,  181  note,  229,  236. 

Goodrich, 519. 

Grafton,  Daniel— 527,  528. 

Grand  juries — 171,  303,  304  and  note,  306,  309,  312;    members  of,  305  note; 

presentment  of,  303-310,  312,  313,  316,  320. 
Green,  Abner — 427. 

Green,  Thomas— 57,  184,  236,  265,  330,  438. 
Greens  impartial  Observer — 302. 
Greenville— 493,  575. 
Grievances,  see  Discontent. 
Grindstone  Ford— 118,  226. 
Grubb,  Dr.  Burd— 176,  213  note. 
Guion,  Capt.  Isaac— 29  and  note,  35,  58,  59,  72,  88. 

H 
Hamtramick,  Col. — 47,  76. 

Harding,  Lyman,  first  attorney-general— 173,  214,  220  note,  236,  369,  502. 
Harp,  Wiley— 422,  423,  424,  425. 
Harrison,  W.  H.— 16,  19,  85. 
Havana — 578. 

Hawkins,  Col.  Benjamin,  Supt.  Indian  Affairs— 20,  22,  32,  33,  46,  47,  94;  agent 
to  Creek  Indians,  107,  263,  288,  289,  357  note,  418. 


INDEX  609 

Henderson,  John — 375,  392. 

Hersey,  Major — 215. 

Heth,  Capt.  John— 78,  129,  136,  139. 

Hodgdon,  Col.— 162,  207. 

Hoggatt's  Gin — 507. 

House  of  Representatives,  National — 433  and  note,  594. 

House  of  Representatives,  territorial,  on  illegal  election — 290-292,  297;    on 

territorial  council,  294  and  note,  295;   concerning  address  to  public,  301- 

302;    address  to  President  Jefferson,  371,  372-373,  447  and  answer,  447, 

448,  600. 
Hospital,  at  New  Orleans— 421,  422. 

Howard,  Joshua — 73;    authorized  to  take  depositions,  74,  167,  168. 
Huchens,  Anthony — 53  and  note,  80  and  note,  82,  308  and  notes. 
Hulings,  William  E—  471,  479,  535,  553,  576,  584,  588,  594,  597,  603. 
Hunt,  Abijah— 93,  94,  164,  183,  206,  210. 
Hunter,  Henry — 294  note. 
Hunter,  Narsworthy— 184  note,  243  and  note,  245,  249,  258,  260,  273,  274, 

277,  300,  304,  321,  432,  433  and  note,  438. 
Hyde, 103. 

I 

Imsbram,  Robert — 208. 

Indians,  complain  of  Cadeans — 69,  70;  desire  war  with  Cadeans,  72;  supplies 
for,  87,  88,  93,  193,  194,  214-216,  288-290,  319,  404;  interpreter,  220, 
221,  223,  233-235,  267,  402,  406,  488,  489  note,  491,  492,  493;  in  trouble 
with  whites,  221,  222,  223,  275,  329,  450,  451;  addressed  by  Claiborne, 
400-401;  intention  of  Congress  toward,  417,  418,  419;  request  President 
U.  S.  to  suppress  sale  of  ardent  spirits,  552;   have  peltries,  553  and  note. 

Indian  relations— 17,  20,  21,  22,  23,  25,  32,  33,  34,  45,  46,  47,  48,  49,  54,  56, 
74-76,  82,  105,  107,  108,  140,  141,  143,  163-165,  166,  168,  180,  191,  192, 
209,  226,  288-290,  324,  357-360,  419,  579-582. 

Introduction,  by  Editor — 5-7. 

J 
fackson,  Gen.  Andrew — 515. 
fail,  see  Prison, 
[efferson  College — 438. 
[efferson  County — 493. 

[efferson,  Thomas— 333,  334  note,  342,  372;   message  to  Congress,  373;    416, 
417,  421,  434,  441,446,447,448,488,552,573,576,  577,579,580,591,594. 
Johnson,  Capt. — 509. 
Jones,  Evan— 162,  177,  183,  189,  198,  199,  223,  404,  405,  409,  410,  411,  439. 

Jones, 323. 

Journal,  Executive,  fac  simile  of,  opposite  14. 
Judge  of  Probate — 78. 

Judges,  territorial— 17,  22,  26,  30,  42,  57,  147,  221,  300;   absence  of,  64,  89,  93; 
in  legislative  capacity,  224,  229  and  note,  230-232,  272,  294;   deficient  in 
legal  knowledge,  367,  487;   addressed  by  Claiborne,  569-570,  571. 
Judiciary,  System — 364,  367. 

Justices,  appointed  by  Sargent— 42,  130-131,  145,  146,  239-240,  257,  268; 
requirements  of,  42-44;   reference  to,  159-160,  203,  219,  232,  235. 

K 

Kein, 217. 

Kentucky,  volunteers — 48;  spirit  of,  82. 

Ker,  David — 368,  487  and  note,  506,  572  and  note. 

Ker,  Lewis; — 529,  530. 

King, 63. 

Knox,  Robert— 219. 
Knoxville— 140,  141. 


610 


Land,  speculators— 20,  22,  67;  claims,  66,  89,  90,  99,  100,  211,  231,  277,  364- 
365,  369-370,  465,  466,  467,  497,  498-505,  510, 536-545,  543  and  note,  555- 
556,  584,585;  office  recommended,  90;  of  Choctaws,  462, 477-478,  484,  485, 
486,  587, 590;  secured  from  Indians,  496,  497,  587,  590;  for  blockhouse,  589, 
590. 

Lattimore,  David — 420  and  note,  421. 

Lattimore,  Dr.  William — 420  note,  600. 

Laws,  territorial,  preparation  for — 17,  20,  22,  26-28,  104;  first  promulgation, 
30;  based  on  laws  of  the  States,  54  and  note;  inadequate,  90,  110;  first 
law,  113  and  note;  Sargent  laws,  113  and  note;  military,  54,  117,  216,  365; 
regarding  attorneys,  147;  printing  of,  31,  158,  159,  179,  183,  383,  429; 
enacted,  198,  230,  374,  444,  452;  concerning  fines,  209;  judges'  opposition 
to,  235,  236;  concerning  Indians,  419;  reference  to,  256,  272,  273,  437,  438; 
needed,  257,  356,  429,  430,  560-562;  repealed,  374;  of  contagious  diseases, 
415. 

Laws,  of  U.  S  —  111,  182. 

Lee,  Richard — 585. 

Le  Fleur,  Lewis— 472  and  note,  473,  486,  490. 

Legislature— 113, 147, 185, 229  and  note,  284-287, 345, 346, 349  and  note,  362, 367, 
367,  374,  438;  addressed  by  Gov.  Claiborne,  351-355  and  reply,  355-357, 
557-562,  and  reply  566-567;  quarrel  with  Chief  Justice  Lewis,  376-377; 
convened  by  Claiborne,  403,  413,  414;  Claiborne's  messages  to,  428-432. 

Lenton, 523. 

Letters — See  list,  pp.  i-viii. 

Leslie  &  Co.,  Panton— 484,  485,  486. 

Lewis,  Judge  Seth — 346  and  note,  364  note,  367,  376. 

Lewis,  Major — 213. 

Lintot,  Bernard— 131,  387. 

Loftin's  Cliffs— 56,  62,  63. 

Louisiana,  its  possible  cession  to  Spain,  48 ;  population  of,  90 ;  injures  Mississippi 
Territory,  101 ;  ceded  to  France,  346,  366, 464,  489  note,  577-579,  584,  602, 
603. 

Louisiane  Monitieur,  142. 

Lovelle,  Brigade  Major,  62  and  note,  63,  121,  122,  125. 


Mc 

McCaleb, 491. 

McCormick,  William  T. — 454. 

McGuire,  Judge  William — 30,  110  and  note,  154,  173  and  note. 

McHenry,  James — 266  and  note,  267. 

Mcintosh, 79,  125. 

McKee,  Col.  John— 155  and  note,  156,  165,  183,  196,  211,  359,  439,  479,  484. 
McNary,  Judge  John — 109. 


M 

Marigny,  Capt.  Peter — 137. 

Marionett, 152. 

Marschalk, ,  first  publisher  in  territory — 158  and  note,  159,  215. 

Marshall,  John— 243  note,  262  note. 

Mason,  Samuel — 422  and  note,  423,  424,  425. 

Matthews,  Gen.  George — 61,  67. 


May,  Samuel — 546. 
Memphis — 289  note. 


INDEX  6H 

Military,  ardor  in  U.  S. — 46;  need  of  in  Mississippi  Territory,  54-56,  116;  reli- 
ance upon,  101;  rank  of  Sargent,  116;  vs.  civil  authority,  142,  143,  144 
169,  170,  178,  179,  180;  proper  conduct  of  officers,  181,  200-202;  references 
to,  146,  154,  155,  181,  182,  214-216,  217,  220,  222,  225,  226,  441,  442,  443- 
stores,  411-413,  428,  435,  436,  457,  458,  461,  469,  470,  471,  481,  489,  583; 
expedition  against  pirates,  423. 

Militia,  Sargent's  order  for  regulation  of — 36-40;  officers  of,  39,  40,  87;  recom- 
mendations to  officers,  41,  216-217,  324-326,  527;  number  of,  47;  needed 
54-56,  100,  116;  uniform  of,  61-62,  154;  under  Wilkinson,  62;  orders 
86-87,  151-152,  160;  law,  117,  353-354,  365,  384;  general  orders,  119,  120 
190-191,  317-319;  officers  Pickering  County,  159-160;  badly  armed,  167, 
263,  374,  377;  inefficient,  231;  officers'  resignations,  226;  good  organiza- 
tion of,  479,  481,  496,  550,  560,  568;  number  and  strength,  508-509,  589. 

Minor,  John— 221,  228,  233. 

Minor,  Major  Stephen,  Spanish  Commissioner — 46,  47,  67,  73  note,  163,  165 
218  note,  262,  263,  329. 

Mississippi  Gazette,  first  newspaper  published  in  Mississippi  Territory — 207  and 
note,  304. 

Mississippi  Territory,  in  connection  with  Indian  affairs,  33;  information  to 
inhabitants  by  Sargent,  42-44;  oath  of  allegiance,  44;  proposed  by  Sar- 
gent to  be  divided,  57,  126-128,  238;  discontent  in,  89,  171,  184,  185  and 
note,  200,  243-252,  268-281,  303-310,  312,  313;  Great  Seal  of,  104  and 
note;  welfare  of,  230,  298,  299,  344,  345,  363-364,  373,  385-386,  441,  560, 
566,  567;  territorial  jurisdiction,  236;  general  assembly  of,  284,  345,  346, 
349;  Council,  294  and  note,  301,  307,  members  of,  308  note,  answer  to 
Claiborne's  message,  567-569;  stamped  paper  needed,  313,  314;  inconven- 
iences in,  356. 

Mitchell,  Francis — 50. 

Mitchell,  Samuel— 45,  46,  63,  64,  70,  82,  93,  108,  140,  289,  522,  579,  580. 

Mobile— 261,  480,  547. 

Moneys,  public,  uses  of— 183,  249,  302,  387,  410,  427,  454,  470. 

Monroe,  James— 594,  596,  603. 

Morales,  Juan  Ventura,  intendant — 532  and  note,  533,  545. 

Mucklesow  Town — 425. 

N 

Nashville— 140,  345,  346. 

Natchez,  political  factions,  22;  assemblage  to  meet  Sargent,  25;  reference  to, 

33,  34,  40,  57,  63,  65,  82,  116,  139,  346. 
Natchez  Trace — 363  and  note. 

Negroes— 82,  114,  199,  289,  311,  312,  393,  544  and  note. 
Nelson,  James — 495. 
New  Orleans — 50,  51,  52,  261,  366;  hospital,  421 ;  closed  against  commerce,  532, 

533-535,  546,  547,  548,  551,  553,  556-559,  562,  567,  568-569,  572,  574-575, 

576,  582,  584,  588,  594,  595,  596,  597,  602;  French  government  at,  579, 

596,  602,  603. 
Nogales — 34. 

■Nolan,  Philip— 221,  233,  234,  235,  293,  294  note. 
North  Carolina— 389. 
Northwest  Territory,  affairs— 15-18,  19,  23,  24,  32,  34,  40,  44,  66,  78,  89,  99,  104, 

116,  163,  251,  270,  302. 

O 

Oath,  of  allegiance — 44;  of  office,  152,  160;  of  representatives,  287. 
Olive,  Don  Pedro— 199. 
Ordinance  of  1787—26. 
Osmun,  Col.  Benejah — 589. 
Otis,  James — 98. 


612 


Palmer, 85. 

Palmer's  Fork— 182.1 

Panton, 281. 

Pardon,  to  George  Rapalje — 455,  456,  457;  to  prisoners,  564,  565. 

Parsons,  Sergeant — 489. 

Passports— 96,  101,  184,  208  and  note,  251,  389,  395,  396,  473,  474. 

Pensacola— 112,  211  and  note,  261,  391,  485. 

Peterkin,  Thomas— 507,  508. 

Petition,  to  Congress — 319-322,  323,  324;  against  Sargent  administration,  185 
note,  243-252,  258,  282-283. 

Phifer,  Doctor— 129,  139. 

Philadelphia,  gazettes — 144. 

Pichon,  N. — 602. 

Pickering  County— 31,  127,  145,  152,  157,  159,  203,  207,  217,  232,  280,  306. 

Pickering,  Col.  Timothy— 67,  262,  265,  266,  333. 

Pickett's  "Alabama" — 263  note. 

Piercy,  Mrs. — 415. 

Pike,  Major— 281. 

Pinckneyville— 383,  449. 

Piracy,  on  Mississippi  River— 379,  380,  394,  395,  396,  422-425. 

Pitchylynn,  John— 488  note,  491,  492,  493,  516. 

Political  factions— 22,  27-28,  348,  349  and  note,  364  and  note,  367,  381,  388,  403. 

Population,  small — 90,  91;  character  of,  185. 

Port  of  Entry— 157-158,  167,  168. 

Postal  facilities,  lack  of— 56,  65,  66,  140,  166,  213,  535,  546,  547;  Natchez  to 
Knoxville,  210  and  note. 

Postlethwait,  Samuel— 408,  409  note,  412-413,  439,  452,  470,  531. 

Presentments,  of  Supreme  Court— 300-301 ;  of  grand  jury,  303-310,  312,  313, 
316,  320. 

Printing,  public— 15,  17,  24,  31,  158-159,  179,  183,  376,  383  and  note,  402,  429, 
437,  444,  483. 

Prior,  Robert— 101,  103,  105. 

Prison,  at  Uniontown — 83;  in  lower  district,  84;  lack  of,  89-90;  at  Villa  Gayoso, 
327 ;  report  on  Adams  County,  563-564. 

Proclamation,  of  Sargent  regarding  survey  of  public  property — 59,  60;  regard- 
ing persons  not  citizens  of  Mississippi  Territory,  68-69,  120-121,  122;  for- 
bidding furnishing  spirits  to  Indians,  69;  concerning  assault  on  Indians, 
123-124;  concerning  divisions  and  courts  in  territory,  126-128,  238-239; 
appointing  justices  of  the  peace,  130-131;  establishing  county  courts,  145; 
concerning  courts  of  Adams  County,  205,  207;  of  election  of  representa- 
tives, 252-253,  254;  concerning  bad  treatment  of  Choctaws,  361;  conven- 
ing the  legislature,  362;  of  Spanish  intendant,  577,  579. 

Public  property— 57,  58,  59,  60,  61,  128,  130,  136,  137,  139,  141,  144,  146,  165, 
166-167,  169,  170,  180,  183,  184,  203,  204,  236,  249,  265,  309,  327,  328. 

R 

Rapalge,  George— 382,  455,  456,  457. 
Recorder,  Adams  County — 392. 
Rennick,  Lieut.  S. — 423. 

Representatives,    election   of — 252-254;  requirements,    254;  elected,    284;  ad- 
dressed by  governor,  284-287,  296,  297;  reference  to,  298  and  note. 
Resignation,  of  John  Girault — 474-475. 
Revenue  office,  recommended  by  Sargent — 56,  116. 
Reward,  for  arrest  of  Coxe — 79. 

Robinson, 106-107. 

Rocky  Spring— 517,  518. 

Ross,  James— 64,  65  note,  98,  168. 

Ruth, 426. 


INDEX  613 

s 

St.  Catherine — 359. 

St.  Clair,  governor — 15,  259. 

St.  Stephens — 546  note,  551  note. 

Salcedo,  Manuel  de,  governor  general  of  Louisiana,  379  and  note,  402,  473,  480, 
556   572   573. 

Sargent,' Mrs.'  Winthrop— 112  and  note,  114,  115,  129,  139. 

Sargent,  Winthrop,  photograph  of — opposite  9;  biography  of,  9-14;  appoint- 
ment, 14-20;  health,  15,  22,  30,  332,  333;  Secretary  Northwestern  Terri- 
tory, 15 ;  salary,  16,  67 ;  opposition  in  Congress,  19 ;  Superintendent  of  Indian 
affairs,  20-21,  23,  32;  general  commanding,  23;  arrival,  25;  address,  25-29, 
30;  troubles  due  to  lack  of  resources,  47-49;  urges  return  of  criminal  Coxe 
by  Spanish,  51-53;  proclamation  on  survey  of  public  lands,  59-60;  tells  of 
needs  of  territory,  65-67;  proclamation  regarding  persons  not  citizens  of 
Mississippi  Territory,  68-69,  120-121,  122;  forbidding  furnishing  spirits  to 
Indians,  69;  reply  to  Indians  complaining  of  Cadeans,  70-72;  authorizes 
Joshua  Howard  to  take  depositions,  74;  issues  warrant  for  arrest  of  Coxe's 
crew,  77-78;  has  no  supplies  for  Indians,  87-88;  distressed  by  conditions, 
89-91,  93-95;  requests  vacation,  112;  frames  code  of  laws,  113  and  note; 
proclamation  on  assault  on  Indians,  123-124;  proclamation  on  divisions 
and  courts  of  territory,  126-128,  238-239;  proclamation  appointing  justices 
of  the  peace,  130-131,  132-135;  appoints  sundry  civil  officers,  132;  procla- 
mation establishing  county  courts  and  appointing  justices,  145-146; 
appoints  militia  of  Pickering  county,  159-160,228;  people's  dissatisfaction 
with,  171-172,  184;  expenses  and  salary,  185,  186  and  note;  commissions 
court  of  common  pleas  of  Adams  County,  192, 193;  address  to  commanders 
of  legions,  200-203;  deposition  concerning  Cesar,  227-228;  address  to  judges 
in  legislative  capacity,  229-232;  proclamation  establishing  Washington  Coun- 
ty, 238-239;  appointment  of  justices,  court  and  various  officials,  239-242; 
defends  himself  and  his  administration,  243-252,  262,  268  note,  268-281, 
282-283,  303-310,  314,  315,  333,  334  and  note,  348  and  note;  a  stern 
officer,  258;  gives  Congress  information,  295-298;  retires  to  farm,  376. 

Schuyler,  Lieut.— 486. 

Schuyler,  Peter  Philip — 490  note. 

Scott,  Lieut. — 216. 

Seagrove, 47. 

Seal,  Great,  of  Mississippi  Territory — 104  and  note,  111;  county,  123,  144. 

Second  Creek — 257. 

Sedition  bill,  passed  by  House  of  Representatives — 46. 

Sevier,  Gov.  John— 102,  103,  105,  167;  journals  of,  103  note,  107,  109. 

Shamburgh,  Capt.  Bartholomew — 411  note,  436,  554,  573,  587. 

Shaw,  Dr.  John,  494  and  note,  575. 

Simmons, 492. 

Slaves,  regulation  of— 176,  177,  218,  232,  268,  311-312,  324,  325;  letter  to  slave 
holders,  311 ;  supposition  of  action  in  case  of  war,  325  and  note;  importa- 
tion of,  374. 

Smallpox— 414-416,  426,  430,  449  and  note,  454;  report  of  camp,  523-526. 

Smithland— 108. 

Spanish,  relations— 20,  27,  28,  33,  125,  187,  188,  189,  191,  192,  193,  293,  294, 
366,  379,  394,  396,  421,  465,  466,  467,  574,  575,  577-579;  with  Indians,  47 
144,  156,  187,  188  and  note,  194,  197, 198, 199,206,211,480  and  note,  581 
Louisiana,  48,  577,  579;  treaty,  49,  51,  137,  187,  364,  396,  465,  556-559 
575,  577;  concerning  fugitives  from  justice,  85,  394;  liberal  land  laws,  90 
malevolence,  94,  574-575,  581;  records,  117  and  note;  deserters,  125,  225 
consular,  139-140,  183. 

Sparks,  Capt.  Richard — 461  and  note,  472,  478,  481,  549,  550. 

Stark,  Robert— 196. 

Steele,  John,  Secretary  of  territory— 14  note,  25,  31,  77,  141,  142,  162,  165,  166, 
182,  200,  203,  224,  346,  348,  349,  368,  388,  444,  487;  certifies  to  transcript 
of  Sargent's  journal,  154,  197,  254-255,  323;  explanation  of  Sargent's  unfin- 
ished letter,  170;  acting  governor,  342  note,  345  and  note. 

Stuart,  James— 82,  140. 


614  INDEX 


Tagett, 262. 

Tattnal,  Gov. — 515. 

Taxes,  schedule  members  grand  jury  Adams  County,  310;  list  not  returned  in 

Adams  County,  495;  law  suggested,  562. 
Tellico— 140,  141,  418. 

Tennessee,  land  company — 29;  volunteers,  48;  executive,  101;  river,  141. 
Territorial  government,  organization  of — 15. 
Tierney,  Mathew — 510  note. 
Tilton,  Judge  Daniel— 17  note,  22,  104,  110,  117,  123,  185,  235,  256,  257  and 

note,  367,  487. 
Todohamo — 211. 

Tombeckbee,  settlements— 220,  238,  256,  462,  463,  478,  550,  551,  581. 
Tory  sentiment — 27-28. 
Traders,  with  Indians — 49. 
Treason,  statute  of — 230  and  note,  273. 
Treaty,  Spanish— 49,  51,  52,  99,  137,  187,  364,  465,  476,  491,  521,  533,  534,  556- 

559,  577;  with  Indians,!104, 139-140, 149, 458;  with  France,  333;  of  St.  Ilde- 

fonso,  346  and  note,  370,  490;    with  Choctaws,  360  note,  361,  363,  420; 

U.  S.  Commissioners,  363  and  note;  between  England  and  France,  367. 
Troops  for  protection — 45,  46. 
True  American,  The — 269. 
Turner,  Edward — 449  and  note,  483. 
Tyrrell,  William— 390,  391. 


U 


Union  Town— 83. 


Vattel — 126  and  note. 

Vaun,  Lewis— 358,  359. 

Victor,  Gen.— 549,  553. 

Vidal,  Secretary  to  Gov.  Gayoso— 47,  49,  114,  124,  152,  293. 

Vilamont,  Capt. — 260. 

Villa  Gayoso— 111,  127,  136,  141,  146,  203,  204,  207,  236,  265,  327. 

Vincennes — 100. 

Vousdan,  William — 495. 


W 

Walker,  Peter— 123,  391. 

Walnut  Hills— 424. 

Walton,  Ann— 208. 

War,  U.  S.,  Secretary  of — 54;  opinion  of  Sargent,  97. 

Warrant,  for  arrest  and  trial  of  Coxe's  party,  77,  78;  on  treasurer,  449,  450,  453, 

454,  483,  530. 
Washington  County— 238-240,  306,  584,  585. 
Washington,  George — ill,  222  and  note,  259. 
Washington,  town— 438,  443,  450,  457,  549,  582,  599. 
Waters,  Israel— 391,  392. 

Welch, 82. 

Welsh, 81. 


INDEX  615 

West,  Cato,  territorial  secretary  under  Claiborne — 83,  86  note,  244,  273,  277, 
304,  305,  309,  312,  313. 

White, 80. 

White,  Doctor — 93  and  note,  250. 

Wickliffe,  Martin— 101,  103,  105. 

Wilkinson,  Benjamin — 598. 

Wilkinson,  Gen.  James— 17,  21,  23,  45,  47,  52,  56,  65,  74,  75,  105,  111,  138,  141- 
142,  143,  144,  148,  158,  165,  166,  169,  179,  210,  222,  255,  279,  319,  375,  387, 
411,  476,  477,  486,  489,  516,  549,  550,  551,  552,  553,  580,  581,  583,  592. 

Wilkinson,  Mrs.  James— 115,  129,  139. 

Williams,  Gov.  B— 389. 

Williams,  Lieut. — 469. 

Williams,  William— 135-136. 

Williamson, 33. 

Wilson,  Lieut.— 411,  412. 


RETURN  TO  DESK  EROM  WHICH  BORROWED 
LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 

Renewed  books  are  subject  to  immediate  recall. 


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